[Cites 12, Cited by 0]

Karnataka High Court

Nayaz vs State By Gubbi Police Station on 21 January, 2026

                                                     -1-
                                                                    NC: 2026:KHC:3458
                                                               CRL.A No. 2591 of 2025


                          HC-KAR



                               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 21ST DAY OF JANUARY, 2026

                                                  BEFORE
                                   THE HON'BLE MR. JUSTICE G BASAVARAJA
                           CRIMINAL APPEAL NO. 2591 OF 2025 (U/S 14(A) (2))
                          BETWEEN:

                          1.    NAYAZ
                                S/O WAZEER,
                                AGED 25 YEARS,
                                R/AT BEHIND RAILWAY STATION,
                                KAREKALLU, AMBEDKHAR NAGAR,
                                GUBBI TOWN.
                                TUMKUR DISTRICT-572216.

                          2.    ABHEESH @ KAREEMA,
                                S/O LATE SHIVALINGEGOWDA,
                                AGED 30 YEARS,
                                R/AT KOLURU VILLAGE,
                                RAMUHALLI POST, KUMBALAGODU,
                                BIDADI POST,
                                RAMANAGARA DISTRICT,
                                BENGALURU RURAL DISTRICT-562109.
Digitally signed by
LAKSHMINARAYAN N
Location: High Court of
Karnataka                 3.    VENKATESH,
                                S/O SHANKARA NAIKA,
                                AGED 32 YEARS,
                                R/AT CHAMUNDI HILL ROAD,
                                9TH CROSS, BEHIND GRAVEYARD,
                                MYSURU CITY-570010.
                                (PRESENTLY ARE IN JC)
                                                                        ...APPELLANTS
                          (BY SRI. N HARI PRASAD.,ADVOCATE)
                            -2-
                                        NC: 2026:KHC:3458
                                   CRL.A No. 2591 of 2025


HC-KAR



AND:

1.   STATE BY
     GUBBI POLICE STATION,
     REPRESENTED BY
     SPECIAL PUBLIC PROSECUTOR,
     HIGH COURT BUILDING,
     BENGALURU-560 001.

2.   SRI. MANOJ KUMAR.G.N,
     S/O LATE NARASIMHAMURTHY,
     AGED 29 YEARS,
     R/AT OLD A.K.COLONY,
     GUBBI TOWN,
     TUMKUR DISTRICT-572216.

                                          ...RESPONDENTS
(BY SMT. N ANITHA GIRISH.,HCGP FOR R1
     R2 SERVED AND UNREPRESENTED)

      THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT
BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER DTD 12.12.2025 PASSED BY THE HONBLE PRL. CITY
CIVIL    AND    SESSIONS   JUDGE,    AT   BENGALURU    IN
SPL.C.NO.2877/2022 ARISING OUT OF CR.NO.131/2022
REGISTERED BY GUBBI POLICE AND ENLARGE THEM ON BAIL,
FOR THE OFFENCES P/U/S 109, 120(B), 143, 147, 148, 212,
302, 201 R/W 149 OF IPC, U/S 3(2)(V) OF SC/ST ACT, U/S
3(1)(i)(2)(3)(4) OF KCOC ACT, PENDING BEFORE THE HONBLE
PRL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU.

       THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
                                  -3-
                                            NC: 2026:KHC:3458
                                       CRL.A No. 2591 of 2025


HC-KAR



                       ORAL JUDGMENT

1. Appellants have preferred this appeal against the

order dated 12.12.2025 passed in Spl.C.C.No.2877/2022

by the Principal City Civil and Sessions Judge, Bengaluru

(for short 'the trial Court').

2. For the sake of convenience, the parties herein are

referred to their rank before the trial Court.

3. Brief facts leading to this appeal are that, on the

basis of complaint filed by one Manoj Kumar G.N, Gubbi

Police have registered the case in Crime No.131/2022

against 5 to 6 unknown persons for the commission of

offence under sections 143, 147, 148, 149 and 302 IPC.

After investigation, the Investigating Officer has submitted

the charge sheet against the accused for the offence under

Section 109, 120(b), 143, 147, 148, 212, 302, 201 r/w,

149 of Indian Penal Code and Section 3(2)(v) of the SC/ST

(POA) Act, 1989 and Section 3(1)(i), 3(2), 3(3), 3(4) of

the Karnataka Control of Organised Crime Act, 2000

NC: 2026:KHC:3458

HC-KAR

against accused Nos.1 to 16. The present appellants have

filed application under Section 439 of Cr.P.C for regular

bail. Same came to be rejected by the trial Court. Being

aggrieved by rejection of bail application, appellants have

preferred this appeal.

4. Learned counsel for appellants Sri N. Hari Prasad

would submit that this Co-ordinate Bench was pleased to

grant bail to accused No.2 in Crl.A.No.45/2024, accused

No.7 was granted bail in Crl.A.No.282/2025, accused No.8

was granted bail in Crl.A.No.1143/2024, accused No.9 was

enlarged on bail in Crl.A.No.1608/2022 and the trial Court

has granted bail to accused Nos.10 to 16. Since the

appellants are also on the same footing, they sought for

grant of bail on the ground of parity. Accused Nos.3, 5 and

6 were arrested on 24.06.2022 and they were subjected to

test identification on 23.08.2022 at Bellary Central Prison.

It is significant to note that none including CW2, CW3 and

CW54, have identified the appellants. The incident was on

15.06.2022 and statement of CW2 was recorded on

NC: 2026:KHC:3458

HC-KAR

15.06.2022 and 23.06.2022, statement of CW3 and CW4

were recorded on 27.06.2022 and the delay of their

examination is not explained. Hence the witnesses are not

credible.

5. Based on the alleged voluntary statement, a knife

without stains, was recovered from appellant Nos.2 and 3.

Sofar as the appellant No.1 is concerned, the weapon was

blood-stained which is not subjected to DNA analysis.

There is no previous antecedent of appellant Nos.1 and 3.

As per charge sheet, appellant No.2 is facing another trial,

in which he has been on bail.

6. Since the date of arrest, appellants are in judicial

custody. Investigation is already completed and the final

report is already filed. They are not required for further

investigation. The trial Court has failed to appreciate the

grounds urged. Hence, it is sought for allowing this appeal.

7. As against this, the learned HCGP would submit that,

in the charge sheet, it is clearly stated as to the

NC: 2026:KHC:3458

HC-KAR

involvement of these accused and case has been

registered against these accused under the Provisions of

Section 3(1)(i), 3(2), 3(3), 3(4) of the Karnataka Control

of Organised Crime Act, 2000. The trial Court has properly

appreciated the materials on record and rejected the bail

application. Hence, it is sought for dismissal of the appeal.

8. I have examined the materials placed before this

Court. On the basis of the complaint filed by Manoj Kumar

G.N, Gubbi Police have registered case in Crime No.

131/2022 against 5 to 6 unknown persons for the

commission of offence under sections 143, 147, 148, 149

and 302 Indian Penal Code. After investigation, the

Investigating Officer has submitted the charge sheet

against the accused for the offence under Sections 109,

120(b), 143, 147, 148, 212, 302, 201 r/w, 149 of Indian

Penal Code and Section 3(2)(v) of the SC/ST (POA) Act,

1989 and Section 3(1)(i), 3(2), 3(3), 3(4) of the

Karnataka Control of Organised Crime Act, 2000 against

accused Nos.1 to 16. In the charge sheet, it is alleged

NC: 2026:KHC:3458

HC-KAR

that accused No.5 assaulted deceased Narasimha Murthy

with a long near neck and caused bleeding injuries.

Accused Nos.3 and 6 have assaulted to deceased

Narasimha Murthy with long on abdomen of the deceased.

9. In the charge sheet, it is also stated that accused

have got criminal antecedents and they have created

organized crime syndicate and those accused persons

have added accused No.3 and 6 to 16 to their Organised

Crime Syndicate and committed the murder in question

through such Organised Crime Syndicate. In the judgment

at para Nos. 13 to 15, the trial Court has observed as

under:

"13. The materials placed on record disclose that Accused Nos.2, 8 and 9 have been enlarged on bail in the present case pursuant to the orders/judgments passed by the Hon'ble High Court of Karnataka in Crl.A. Nos.45/2024, 1143/2024 and 1608/2022, respectively. Further, Accused Nos.10 to 16 have been granted bail by this Court under orders passed between 07.01.2023 and 13.09.2023. However, the accusations levelled against the accused herein, namely Accused Nos.1 and 3 to 6,

NC: 2026:KHC:3458

HC-KAR

clearly indicate that they do not stand on the same footing as the aforementioned accused who have already been released on bail.

14. The specific accusation against Accused Nos.1 and 3 to 6 is that on 15.06.2022, at about 1.00 p.m., Accused Nos.1 to 12, at Guddi Town and its surrounding areas, acting with common intention and pursuant to a criminal conspiracy and bearing prior animosity, formed themselves into an unlawful assembly. It is alleged that Accused Nos.1,2, 4, 5, 6, 7, 8, 11 and 12, with the sole intention of murdering Narasimhamurthy @ Kurimoorthy, obtained information regarding his whereabouts through mobile phone calls. Accused No.3 and others arrived from the KA-06-EJ side, armed with deadly weapons such as iron rods and reached the spot in a Pulsar two-wheeler and an XYLO car bearing registration No.KA-50-4498.

15. It is further alleged that after alighting from the vehicles and proceeding towards Narasimhamurthy @ Kurimoorthy, on noticing the accused, the said Narasimhamurthy attempted to flee but fell to the ground. When he raised his right hand to ward off the assault, Accused No.1 assaulted him with an iron rod, causing grievous bleeding injuries to his right hand, near the right ear, and near the right

NC: 2026:KHC:3458

HC-KAR

eye. Thereafter, Accused No.4 attempted to strike his head with an iron rod. Accused No.5 assaulted him with an iron rod, causing bleeding injuries, and Accused No.6 assaulted him on the stomach with an iron rod, causing bleeding injuries. Accused No.3 also assaulted him on the stomach with an iron rod, causing bleeding injuries. Thus, the accused herein are alleged to be the assailants and the persons directly involved in the commission of the offence."

10. Further the trial Court has relied on the decisions of

Hon'ble Supreme Court and come to the conclusion that

the Court cannot conduct a mini trial so as to unearth the

truth or otherwise of the allegations made in the

complaint. Only on the basis of prima facie materials

based on record, the Court has to adjudge whether to

grant or reject the bail. The truth or otherwise of the

allegations made in the complaint should come to light

only at the time of trial.

11. On re-examination/reconsideration of the entire

material on record, I do not find any factual or legal error

- 10 -