Sadiq @ John v. State by Sampigehalli Police Station

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12726 OF 2026

BETWEEN:

SADIQ @ JOHN S/O JAMIR AHMED, AGED ABOUT 28 YEARS, R/AT NO. 1070, 6TH CROSS, HEGDE NAGAR, BENGALURU – 560 077 …PETITIONER (BY SRI. G RAKESH RAJ.,ADVOCATE)

AND:

STATE BY SAMPIGEHALLI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU – 560 001 …RESPONDENT (BY SRI. RAHUL RAI.K, HCGP)

THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.19/2025 ARISING OUT OF CRIME NO.501/2024 OF RESPONDENT NO.1 (SAMPIGEHALLI POLICE STATION) PENDING ON THE FILE OF THE COURT OF THE LXVII ADDL CITY CIVIL AND SESSIONS JUDGE, BENGLAURU CITY (CCH-68) FOR OFFENCE P/US/ 103(1) AND 238 OF BNS 2023.THE LXVII ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU HAS DISMISSED THE BAIL PETITION ON

02.06.2026 IN CRL.MISC.NO.4554/2026.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

by NANDINI M S Location: HIGH COURT OF KARNATAKA

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

¶1Accused in SC No.19/2025 pending before the Court of LXVII Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.501/2024 registered by Sampigehalli Police Station, Bengaluru, for the offences punishable under Sections 103(1) and 238 of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeing regular bail.

¶2Heard the learned counsel for the parties.

¶3FIR in Crime No.501/2024 was registered by Sampigehalli Police Station, Bengaluru, for the aforesaid offences against unknown persons based on the first information dated

24.08.2024 received from Paulraj, brother of deceased Pushparaj. In the said case, petitioner herein was arrested on

26.08.2024 and remanded to judicial custody. After completing investigation, charge sheet is filed against him for the aforesaid offences. His bail application filed before the Trial Court in

Crl.Misc.No.4554/2026, was rejected on 02.06.2026. Therefore, he is before this Court.

¶4Material on record would go to show that petitioner and deceased Pushparaj were addicted to alcohol and they were known to each other. It appears that petitioner and Pushparaj were usually sleeping on the road side after consuming alcohol. Pushparaj was in the habit of troubling the petitioner after he had slept. On 23.08.2024 when Pushparaj was consuming alcohol in Akshatha Bar and Restaurant, petitioner asked him to provide liquor. Pushparaj therefore, allegedly abused him using filthy language and did not provide him liquor. Thereafter, CW10 and CW11 provided liquor to the petitioner. After consuming liquor, petitioner came and slept in a shed near Hegdenagar. Subsequently, Pushparaj came to the said place and started troubling the petitioner, who had slept. Petitioner, therefore, got enraged and after abusing Pushparaj, he allegedly assaulted him on his head with hallow block brick on his head and committed his murder. Entire case of the prosecution is based on circumstantial evidence. Out of 31 charge sheet witnesses cited in the present case, till date only

six charge sheet witnesses have been examined as PW1 to PW6. It is submitted by learned counsel for the petitioner that petitioner has no other criminal antecedents. Considering the aforesaid aspects of the matter and also the period of the petitioner's incarceration, the following order:-

¶5The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.19/2025 pending before the Court of LXVII Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.501/2024 registered by Sampigehalli Police Station, Bengaluru, for the offences punishable under Sections 103(1) and 238 of BNS, 2023, subject to the following conditions:

a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;

e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

Sd/- (S VISHWAJITH SHETTY) JUDGE

DN List No.: 1 Sl No.: 64