- 1 - HC-KAR NC: 2026:KHC:15990 CRL.P No. 1734 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1734 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SHAHJAIDULLA @ SHAZAIDULLA S/O AKRAMULLA, AGED ABOUT 24 YEARS R/A NO.30, 16TH CROSS, DEVIS ROAD, SAGAYAPURAM, KG HALLI BENGALURU-560045 …PETITIONER (BY SRI.MOHAMMED TAHIR., ADVOCATE) AND: STATE BY KG HALLI PS, REP BY STATE PUBLIC PROSECUTOR, OFFICE AT HIGH COURT COMPLEX, OPP VIDHANA SOUDHA, BANGALORE - 560001 …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CC NO.71774/2025 ARISING OUT OF CRIME NO. 260/2025 REGISTERED AT THE KG HALLI POLICE STATION FOR THE OFFENCES UNDER SECTION 109 R/W 3(5) OF THE BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILES OF HONBLE 10TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BANGALORE, WHEREIN THE PETITIONER IS ARRAYED AS ACCUSED NO.2. Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15990 CRL.P No. 1734 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER The petitioner is accused No.2 seeking regular bail in C.C. No.71774/2025 arising out of Crime No.260/2025 of respondent/police for the offence punishable under Section 109 read with Section 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 pending on the file of the learned 10th Additional Chief Judicial Magistrate, Bangalore. Brief facts of the case: 2. The case of the prosecution is that the complainant - Mazar Ahmad, lodged a complaint stating that on 18.07.2025 at about 1.30 p.m., his son, Shabaz Ahmed Qureshi had been to the Masjid for prayers. At that time, Yaseen was also present in the said Masjid and his son accidentally, touched the leg of the said Yaseen. However, the said Yaseen thought that the son of the - 3 - HC-KAR NC: 2026:KHC:15990 CRL.P No. 1734 of 2026 complainant had intentionally stampede his leg and picked up a quarrel in that regard. The said quarrel had been pacified by the other persons who had assembled in the prayer hall. After the prayer, the son of the complainant came near the shop and he was about to open the rolling shutter of his shop. In the meantime, Yaseen and others assaulted his son with a long chopper, machete, and dagger and caused grievous injuries. Immediately, the complainant had shifted his son to Mediscope Hospital. The staff of the said Hospital advised them to take him to Santosh Hospital. They had given intimation to the jurisdictional police as it is a medico legal case. 3. Based on the said information, a complaint came to be registered against the petitioner and others. The respondent/police after having conducted investigation submitted the charge sheet. 4. The learned counsel for the petitioner submits that the petitioner is arrayed as accused No.2 in the case. - 4 - HC-KAR NC: 2026:KHC:15990 CRL.P No. 1734 of 2026 The averments made in the complaint would indicate that the alleged incident of assault had been taken place on account of trivial issue. It is further submitted that the injured has been discharged from the hospital and now, he is out of danger. Moreover, the investigation is almost completed. The petitioner is not required for custodial interrogation. Hence, the petitioner may be enlarged on bail by imposing suitable conditions by this Court and he will abide by the conditions to be imposed in the event of his release on bail. Making such submissions, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader for the respondent/State vehemently submitted that the petitioner and the victim belong to the same community. It is contended that the petitioner, along with other accused, assaulted the victim by using deadly weapons. The manner in which the assault had been taken place would indicate its gravity and seriousness of the offences. If the petitioner is enlarged on bail, there may - 5 - HC-KAR NC: 2026:KHC:15990 CRL.P No. 1734 of 2026 be chances of committing similar offences. Therefore, it is not appropriate to grant him bail. Making such submission, he prays to reject the petition. 6. Having heard learned counsel for the respective parties and on perusal of the averments of the charge sheet, it appears that CW4, the victim in the present case, was offering namaz in a Masjid situated within the limits of K.G. Halli Police Station. At that time, it is alleged that the son of the complainant had accidentally stamped the leg of accused No.1 while he was doing prayer. Accused No.1 immediately picked up a quarrel with son of the complainant and tried to assault the victim. However, the members who were present in the said Masjid have intervened and pacified the matter. Both were sent out from the Masjid. Later, the victim went to his shop and he was in the process of opening the shop. At that time, it is alleged that accused Nos.1, 2 and 3 assaulted the victim with deadly weapons. - 6 - HC-KAR NC: 2026:KHC:15990 CRL.P No. 1734 of 2026 7. The overt-act of the present petitioner is that he assaulted the victim with a knife on the vital part of the body. Be that as it may, the victim has been discharged from the hospital after obtaining treatment. Having considered the same, it is appropriate to grant him bail by imposing suitable conditions. Those conditions would take care of the apprehension of the prosecution. Hence, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No. C.C. No.71774/2025 arising out of Crime No.260/2025 of respondent/police for the offence punishable under Section 109 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned 10th Additional Chief Judicial Magistrate, Bangalore on executing personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. iii) The petitioner shall mark his attendance till disposal of the case before the - 7 - HC-KAR NC: 2026:KHC:15990 CRL.P No. 1734 of 2026 jurisdictional police, once in fifteen days on Saturday between 10.00 a.m. to 02.00 p.m. till disposal of the case. iv) The petitioner shall not indulge in any criminal activities, till disposal of the case. v) The petitioner shall not threaten the prosecution of witnesses nor hamper the proceedings of the Court. vi) The petitioner shall appear before the trial Court on all the hearing dates without fail. In case, the petitioner fails to adhere to the conditions stated supra, the prosecution is at liberty to file a necessary application for cancellation of bail granted to him. Sd/- (S RACHAIAH) JUDGE BSS/BKM List No.: 1 Sl No.: 34