- 1 - HC-KAR NC: 2026:KHC:27369 CRL.P No. 4058 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.4058 OF 2026 (439(Cr.PC)/483(BNSS) BETWEEN: FAYAZ KHAN S/O LATE BIRAM KHAN AGED ABOUT 65 YEARS, R/AT NO.201,M M APARTMENTS 8TH MAIN, 2ND CROSS, BILALNAGAR, PILLANNA GARDEN , 3RD STAGE BENGALURU- 560 045. …PETITIONER (BY SMT. VANAJAKSHI.P, FOR SRI. RASHEED KHAN.,ADVOCATES) AND: STATE OF KARNATAKA BY K G HALLI P S BENGALURU REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL.SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN THE CASE C.C.NO.53865/2026 IN CRIME NO. 392/2025 OF K.G. HALLI POLICE FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 103, 352 R/W 3 (5) OF B.N.S. ACT 2023 PENDING ON THE FILE OF 10TH A.C.J.M, BENGALURU. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27369 CRL.P No. 4058 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 1. Accused No.4 in C.C.No.53865/2026 pending before the Court of 10th Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru arising out of Crime No.392/2025 of K.G.Halli Police Station, Bengaluru, for the offences punishable under 103, 352 read with Section 3(5) of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and the learned Additional SPP for the respondent - State. 3. FIR in Crime No.392/2025 was registered by K.G.Halli Police for the aforesaid offences against one Jabiulla Khan and others based on first information received from Mohammed Samiuddin, who is the father of the deceased Mohammed Shakeel. The petitioner was arraigned as accused No.4 in the FIR. He was arrested and remanded to Judicial Custody in the present case on 03.11.2025. After completing investigation, - 3 - HC-KAR NC: 2026:KHC:27369 CRL.P No. 4058 of 2026 charge sheet has been now filed against five persons. Petitioner is arraigned as accused No.4 in the charge sheet. 4. Charge sheet material would reveal that petitioner’s daughter – Razia Sultana, who is arraigned as accused No.3 in the case was married to deceased Mohammed Shakeel. Since Mohammed Shakeel was ill-treating his wife – Razia Sultana, she had filed a criminal case against him in Crime No.104/2021 before Shivajinagar Women Police Station. It is in this background, the petitioner and his wife, who is arraigned as accused No.5 in the present case had approached CW-3 and CW-4 for settling the marital dispute between their daughter – Razia Sultana (accused No.3) and her husband Mohammed Shakeel. 5. On 02.11.2025, the accused persons, deceased, his relatives and also CW-3 and CW-4 had gathered for the purpose of mediating the marital dispute between accused No.3 and Mohammed Shakeel, who is the deceased in the present case. During the course of meeting, accused No.1 allegedly abused Mohammed Shakeel and assaulted him with his hand. Accused No.3 assaulted Mohammed Shakeel with a helmet on - 4 - HC-KAR NC: 2026:KHC:27369 CRL.P No. 4058 of 2026 his head. Accused Nos.4 and 5 also allegedly assaulted Mohammed Shakeel with their hands. Mohammed Shakeel, who had sustained injuries subsequently had succumbed to the same. The Post Mortem report of Mohammed Shakeel would go to show that the death of deceased was due to head injuries sustained by him. Allegation of assaulting the deceased on his head with a helmet is only found as against accused No.3 – Razia Sulthana, who is the wife of the deceased. Accused Nos.4 and 5 are her parents. Accused No.5 has been released on bail. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in C.C.No.53865/2026 pending before the Court of 10th Additional Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.392/2025 registered by K.G.Halli Police Station, Bengaluru, for the offences punishable under Sections 103, 352 read with 3(5) of BNS, 2023, subject to the following conditions: - 5 - HC-KAR NC: 2026:KHC:27369 CRL.P No. 4058 of 2026 a) Petitioner shall execute a personal bond for a sum of Rs.50,000/- with one surety 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 MDS List No.: 1 Sl No.: 38