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2026 DAILYLAW 18463 (KAR)

MR. SYED FAZIL v. STATE OF KARNATAKA

CRL.P/696/2026 · 2026-06-02

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:25781 CRL.P No. 696 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.696 OF 2026 (439(Cr.PC) / 483(BNSS) BETWEEN: 1. MR. SYED FAZIL S/O SYED AMJAD, AGED ABOUT 42 YEARS, R/AT NO.137, 4TH CROSS, YARAB NAGARA, BANASHANKARI 2ND STAGE, BANGALORE - 560070 …PETITIONER (BY SRI. LAKSHMIKANTH K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANASHANKARI POLICE STATION, BENGALURU, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 01. …RESPONDENT (BY SRI.VINAY MAHADEVAIAH, HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE PETITIONER PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.340/2025 OF RESPONDENT BANASHANKARI POLICE, PENDING BEFORE 2ND ADDL. CHIEF JUDICIAL MAGISTRATE AT BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 109(1), 126 BNS AND SECTION 25(1B)(B) R/W 4 OF ARMS ACT. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25781 CRL.P No. 696 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The accused in Crime No.340/2025 registered by the Banashankari Police Station for the offence punishable under Section 109(1), 126 of the Bharatiya Nyaya Sanhita (BNS), 2023 (hereinafter referred to as 'BNS, 2023' for short) and Section 25(1)(b) r/w Section 4 of the Arms Act, 1959, is before this Court in this petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard Sri.Lakshmikanth K, learned counsel appearing for the petitioner and Sri.Vinay Mahadevaiah, learned HCGP appearing on behalf of the respondent/State. 3. FIR in Crime No.340/2025 was registered by Banashankari Police Station against unknown persons for the offences punishable under Section 109(1) and 126 of - 3 - HC-KAR NC: 2026:KHC:25781 CRL.P No. 696 of 2026 BNS, 2023, based on the first information dated 11.11.2025 received from injured Irfan Pasha. During the course of investigation, the petitioner herein was arrested on 12.11.2025 and the offences punishable under the Arms Act were also invoked against the petitioner. His bail application filed before the District and Sessions Court in Crl.Misc.No.10304/2025 was rejected on 15.12.2025. It is under these circumstances, he is before this Court. 4. In the first information dated 11.11.2025 the first informant has mentioned that on the said date when he was returning home in his motorbike, a person who was wearing mask cap on his face all of a sudden tried to assault him with a long and as a result he fell down from the bike and in the said incident he had suffered an injury on his forehead. During the course of investigation, the petitioner herein was arrested on 12.11.2025 and remanded to judicial custody. During the pendency of this petition, investigation is completed and charge sheet has been filed. - 4 - HC-KAR NC: 2026:KHC:25781 CRL.P No. 696 of 2026 5. The charge sheet material would go to show that the first informant had developed intimacy with the wife of the petitioner and inspite of repeated advices he had continued his relationship with the petitioner's wife. It is in this background, the petitioner allegedly had assaulted the first informant on 12.11.2025. The first informant was admitted in the hospital on 11.11.2025 and was discharged on 12.11.2025. The injuries suffered by the first informant are not on the vital parts of his body. Undisputedly, the petitioner has no other criminal antecedents. He is in custody in the present case from 12.11.2025. 6. Under the circumstances, I am of the opinion that without expressing any opinion on the merits and demerits of the case, prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following: - 5 - HC-KAR NC: 2026:KHC:25781 CRL.P No. 696 of 2026 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.340/2025 of Banashankari Police Station registered for the offences punishable under Sections 109(1), 126 of BNS, 2023 and Section 25(1)(b) of the Arms Act, 1959, subject to the following conditions: a) The petitioner shall execute 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; Sd/- (S VISHWAJITH SHETTY) JUDGE DR List No.: 1 Sl No.: 44