- 1 - HC-KAR NC: 2026:KHC:16347 CRL.P No. 2025 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 2025 OF 2026 (439(Cr.PC)/483(BNSS)) BETWEEN: MUBARAK S/O. ABDUL KALLEL AGED ABOUT 27 YEARS, RESIDING AT NO. 01, MODI ROAD, HUSSINYA MAJID, D.J. HALLI, INDIRA MEMORIAL SCHOOL, BENGALURU-560 045. (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. RAMACHANDRAPPA D N.,ADVOCATE) Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16347 CRL.P No. 2025 of 2026 AND: THE STATE OF KARNATAKA BY CITY MARKET POLICE STATION, BENGALURU. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU -560 001. …RESPONDENT (BY SMT.ANITHA GIRISH N.,HCGP) THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THE PETITION AND RELEASE THE PETITIONER/ACCUSED NO.3 ON BAIL IN CRIME NO.3/2026 OF CITY MARKET POLICE STATION FOR THE ALLEGED OFFENCE P/US/ 109,352,351(2) R/W SEC.3(5) OF BNS PENDING ON THE FILE OF THE HONBLE V ADDL CJM AT BENGALURU CITY. IN THE INTEREST OF JUSTICE. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:16347 CRL.P No. 2025 of 2026 ORAL ORDER 1. The petitioner/accused No.3 is before this Court seeking the grant of regular bail in Crime No.3/2026 of the respondent police for the offence under Sections 109, 352, 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that a complaint came to be registered by the complainant against 4 unknown persons, stating that on 04.01.2026, around about 12.30 p.m., he made his statement before the Doctors of Victoria Hospital, stating that he was doing business of preparation for a funeral ceremony and also running a vegetable vending business. On 03.01.2026, around 11.30 p.m., one person had gone to his vegetable shop to purchase a bottle gourd. He told the price of the bottle gourd is Rs. 20/-. However, the said person asked him to give two pieces for Rs. 30/-. There was a quarrel between the complainant and the person who had been to purchase the bottle gourd in respect of the rate of the said bottle gourd. Immediately, 4 more persons came to his shop and assaulted him by joining hands with another person. - 4 - HC-KAR NC: 2026:KHC:16347 CRL.P No. 2025 of 2026 Consequently, the complainant had sustained injuries and was shifted to the hospital for treatment. The respondent, the police, after registering the case, conducted the investigation. The investigation is in progress. 3. Heard Sri.Ramachandrappa D.N., learned counsel for the petitioner and Smt.Anitha Girish N., learned High Court Government Pleader for respondent-State. 4. It is the submission of learned counsel for the petitioner that a complaint has been lodged against 4 unknown persons. Though the present petitioner is arraigned as accused No.3, the fact remained that no Test Identification Parade has been conducted to identify the petitioner, who was allegedly present at the scene of the occurrence. The petitioner is a permanent resident of DJ Halli, Bengaluru, who is having deep roots in the society. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. - 5 - HC-KAR NC: 2026:KHC:16347 CRL.P No. 2025 of 2026 5. Per contra, learned High Court Government Pleader for the respondent-State vehemently submitted that the incident had occurred for petty reasons. The petitioner had deliberately assaulted the injured and caused severe injuries to the vital parts of the body. If the petitioner is enlarged on bail, there may be a threat to the witness/victim. Therefore, it is not appropriate to grant bail to the petitioner. Making such submissions, learned HCGP prays to reject the petition. 6. Heard learned counsel for the respective parties and perused the averments of the complaint and also the remand application. It appears that unknown persons assaulted the victim and caused injuries. However, the name of the petitioner has been disclosed in the remand application, but a Test Identification Parade of the petitioner and others was not conducted. 7. Be that as it may. On going through the material available on record, it appears that the petitioner has made out a case to grant him bail. 8. Hence, I proceed to pass the following: - 6 - HC-KAR NC: 2026:KHC:16347 CRL.P No. 2025 of 2026 ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.3/2026 of respondent-police for the offence under Sections 109, 352, 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not indulge in any criminal offences till disposal of the case. - 7 - HC-KAR NC: 2026:KHC:16347 CRL.P No. 2025 of 2026 In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NR/- List No.: 1 Sl No.: 41