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2026 DAILYLAW 20583 (KAR)

AYUB v. THE STATE OF KARNTAKA

CRL.P/5149/2026 · 2026-06-10

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27997 CRL.P No. 5149 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5149 OF 2026 BETWEEN: AYUB S/O LATE NAZIR AHMED AGED ABOUT 29 YEARS R/AT 15TH CROSS FATHIMA LAYOUT GOVINDAPURA BANGALORE - 560 045. …PETITIONER (BY SRI MOHAMMAD FAIZAN, ADV.) AND: THE STATE OF KARNTAKA BY MAHADEVPURA POLICE STATION REPRESENTED BY HCGP HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT AN ORDER OF ENLARGEMENT ON BAIL TO THE PETITIONER IN SC.NO.662/2024 ARISING OUT OF CR.NO.556/2023 REGISTERED BY MAHADEVAPURA P.S., FOR THE OFFENCES P/U/S 302,120(B),34 OF IPC, PENDING BEFORE THE HONBLE IV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-21) MAYO HALL UNIT, AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27997 CRL.P No. 5149 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in SC No.662 of 2024 pending before the Court of IV Additional City Civil and Section Judge, Mayo Hall Unit, arising out of Crime No.556/2023 registered by Mahadevapura Police Station for offences punishable under Section 302, 120B R/w Section 34 of IPC is before this Court in this successive bail petition filed under Section 483 of BNSS seeking regular bail. 2. Heard the learned counsel for the petitioner and learned that Addl. SPP on behalf of the respondent - State. 3. Learned counsel for the petitioner submits that petitioner had earlier approached this Court seeking regular bail in Criminal Petition No.10714 of 2024 which was dismissed as withdrawn on 11.11.2024, reserving liberty to the petitioner to file fresh bail application, after examination of CWs.16 and 17 is completed before the trial Court. He submits that though more than one and half years have passed since the disposal of Criminal Petition No.10714/2024, till date CW16 and CW17 - 3 - HC-KAR NC: 2026:KHC:27997 CRL.P No. 5149 of 2026 have not been examined. Petitioner is in custody in the present case for the last more than 2 years 8 months. He also submits that an outer limit of two months may be fixed for recording the evidence of the aforesaid witnesses. 4. Per contra, learned Addl. SPP on instruction submits that, CW16 and 17 will be examined immediately after examination of CW3. She submits that, CW3 has been now partially examined and since the pen drive which was part of the charge sheet was missing from the court records, there is a delay in completing the examination of CW3. She submits that, now a copy of the pen drive has been produced before the Court and CW16 and CW17 shall be examined before the Court at the earliest. 5. The submission made on both sides are placed on record. 6. Criminal Petition is disposed of reserving liberty to the petitioner to renew his bail application, in the event, examination of CW16 and CW17 is not completed within a - 4 - HC-KAR NC: 2026:KHC:27997 CRL.P No. 5149 of 2026 period of four months from the date of receipt of copy of this order. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 64