Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:24797 CRL.P No. 6967 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND CRIMINAL PETITION NO. 6967 OF 2026 BETWEEN:
1.
SRI MUDDASSIR @ CHOTA PANDA S/O. ABBAS, AGED ABOUT 31 YEARS, R/AT. NO.51(2), 2ND MAIN, 4TH CROSS, VALMIKINAGAR, BENGALURU - 560 026
2.
SRI. SULTAN PASHA @ PASHA, S/O. IBRAHIM PASHA, AGED ABOUT 31 YEARS, R/AT. 2ND MAIN, NEAR AISHA ENGLISH SCHOOL, VALMIKINAGAR, MYSORE ROAD, BENGALURU - 560 026 …PETITIONERS (BY SRI. SHIVANANDA REDDY R.V., ADVOCATE) AND:
STATE OF KARNATAKA BY KALASIPALYA POLICE STATION REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001 …RESPONDENT (BY SMT. RASHMI PATEL, HCGP)
Digitally signed by VINUTHA B S Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:24797 CRL.P No. 6967 of 2026
THIS CRL.P IS FILED U/S 439 CR.P.C. (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASED THEM ON REGULAR BAIL IN S.C.NO.1799/2018 (KALASIPALYA POLICE IN C.R.NO.226/2018 BANGALORE CITY) PENDING BEFORE THE HONBLE LXVII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-68) PENDING AGAINST THE PETITIONERS FOR THE OFFENCES P/U/S 143, 147, 148, 120(b) AND 302 R/W 149 OF IPC AND U/S 27 AND 27(1) OF ARMS ACT AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, 1973, (for short “CrPC”)by the petitioners/accused Nos.1 and 2 seeking grant of bail in Crime No.226/2018 dated 31.07.2018 registered by the Kalasipalya Police Station, Bengaluru City, for the offences punishable under Sections 143, 147, 148, 302 and 149 of the Indian Penal Code, 1860, (for short “IPC”) pending on the file of the LXVII Additional City Civil and Sessions Judge, Bengaluru, in S.C. No.1799/2018.
2. A perusal of the order of the Trial Court indicates that the petitioners had sought an adjournment to the following day on the ground that their counsel was not present before the Court.
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HC-KAR NC: 2026:KHC:24797 CRL.P No. 6967 of 2026
It is further recorded in the impugned order that the petitioners were intentionally delaying the trial and that the case pertains to the year 2018.
3. Sri Shivananda Reddy R.V., learned counsel appearing for the petitioners, submits that the only request made by the petitioners was to take up the matter on the following day and that there was no rude behaviour on their part, as recorded by the Trial Court. 3.1
Learned counsel further submits that the petitioners would cooperate for the expeditious disposal of the trial before the Trial Court. It is also submitted that the petitioner-accused shall remain present on all dates of hearing unless their appearance is exempted by the Trial Court.
4. The learned High Court Government Pleader, supporting the impugned order, submits that the bail was cancelled on account of violation of the conditions of bail and that the same is justified.
5. Having considered the impugned order, this Court is inclined to allow the petition. Though the Trial Court has recorded a
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HC-KAR NC: 2026:KHC:24797 CRL.P No. 6967 of 2026
finding that the petitioners were threatening the witnesses and hampering the prosecution case, no material justification is forthcoming for arriving at such a conclusion.
6. It appears that the bail came to be cancelled on account of the absence of the petitioners’ counsel before the Court. The same, by itself, cannot constitute a valid ground either to cancel the bail or to hold that the conditions of bail have been violated.
7. In the light of the aforesaid reasons, this Court passes the following:
ORDER
i. The criminal petition is allowed; ii. The petitioner is directed to be enlarged on bail in Crime No.226/2018, dated 31.07.2018, registered by Kalasipalya Police Station, Bengaluru City, for the offences punishable under Sections 143, 147, 148, 302 and 149 of the IPC, subject to the following conditions:
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HC-KAR NC: 2026:KHC:24797 CRL.P No. 6967 of 2026
a) The accused Nos.1 and 2/petitioners shall execute personal bond for a sum of Rs.2,00,000/- with two local sureties each for the likesum, to the satisfaction of the jurisdictional Court; b) They shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts her appearance for valid reasons; c) They shall not involve in any offences in future.
Sd/- (K. V. ARAVIND) JUDGE
HDK List No.: 1 Sl No.: 39