- 1 - HC-KAR NC: 2026:KHC:30107 CRL.P No. 6490 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6490 OF 2026 BETWEEN: ABHID KHAN @ KADEKAL ABID S/O MUNAVAR KHAN AGED ABOUT 40 YEARS PRESENT R/AT MOSQUE LEFT SIDE KADE KALLU, SHIVAMOGGA TALUK KARNATAKA - 577 203 PERMANENT R/AT MOSQUE LEFT SIDE KADE KALLU VILLAGE, SHIVAMOGGA TALUK KARNATAKA - 577 203 MOB 76194 13763, SHIVAMOGGA KARNATAKA - 577 203 NOW HE IS IN J.C. IN THE ABOVE CASE, SINCE 03-01-2026, CENTRAL PRISON SHIVANOGGA CITY) …PETITIONER (BY SRI MOHAMED IBRAHIM, ADV.) AND: STATE OF KARNATAKA BY THE SHO OF PAPER TOWN POLICE STATION, BHADRAVATHI SHIVAMOGGA - 577 203 (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001) …RESPONDENT (BY SRI B.N. JAGADEESHA, SPP A/W SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE ABOVE NAMED PETITIONER ON BAIL IN THE ABOVE CASE IN CRIME NO. 12/2025 FOR THE OFFENSE PUNISHABLE UNDER SECTIONS 132(1), 109(1), 121(1), 61, 58(b) OF BNS OF 2023, AND ALSO FOR AN OFFENCE UNDER SECTION 3, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30107 CRL.P No. 6490 of 2026 25(1B) OF INDIAN ARMS ACT, 1959 OF PAPER TOWN POLICE STATION, BHADRAVATHI WHICH IS PENDING IN THE S.C. NO. 5065/2025 ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE SHIVAMOGGA SITTING AT BHADRAVATHI ON SUCH TERMS AND CONDITIONS. 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.7 in S.C.No.5065/2025 pending before the Court of IV Addl. District & Sessions Judge, Shivamogga, sitting at Bhadravathi, arising out of Crime No.12/2025 registered by Paper Town Police Station, Shivamogga District, for the offences punishable under Sections 132, 109(1), 121(1), 61, 58(b) of BNS, 2023, and Section 3, 25(1B) of Indian Arms Act, 1959, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the petitioner and the learned SPP on behalf of the respondent-State. 3. Perusal of the material on record would go to show that on the merits of the present case, petitioner was granted regular bail by the coordinate bench of this Court in Crl.P.No.9808/2025 disposed of on 28.07.2025. It appears that - 3 - HC-KAR NC: 2026:KHC:30107 CRL.P No. 6490 of 2026 subsequently he had executed bail bonds before the jurisdictional Court of Magistrate and was released on bail. Subsequently, investigation in the case was completed and charge sheet was filed and thereafter it appears that he had not appeared before the Trial Court and executed bail bonds and furnished surety. It is under these circumstances, the presence of the petitioner was secured before the Trial Court in S.C.No.5065/2025 on 26.03.2025 and on the said date, he was remanded to judicial custody. His bail application filed before the Trial Court was rejected on 28.03.2026. Therefore, petitioner is before this Court. 4. A reading of the order passed by the Trial Court would reflect that the Trial Court has rejected the bail application for the reason that he was convicted by the said court in a case which was registerd for the offences punishable under Sections 399, 402 IPC unmindful of the fact that he was earlier granted regular bail in the present case by this Court on merits. Merely for the reason that after the case was committed to the Sessions Court, petitioner had not appeared before the Trial Court to execute/furnish bail bonds and surety, the Trial Court - 4 - HC-KAR NC: 2026:KHC:30107 CRL.P No. 6490 of 2026 could not have rejected his bail application when the petitioner had filed a bail application stating that he is ready and willing to execute bail bonds and also furnish surety. Under the circumstances, I am of the opinion that the Trial Court was not justified in rejecting the bail application. However, considering the antecedents of the petitioner and also his conduct, I am of the opinion that stringent conditions are required to be imposed on him while enlarging the petitioner on bail. Accordingly, the following order: 5. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5065/2025 pending before the Court of IV Addl. District & Sessions Judge, Shivamogga, sitting at Bhadravathi, arising out of Crime No.12/2025 registered by Paper Town Police Station, Shivamogga District, for the offences punishable under Sections 132, 109(1), 121(1), 61, 58(b) of BNS, 2023, and Section 3, 25(1B) of Indian Arms Act, 1959, subject to the following conditions: a) 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; - 5 - HC-KAR NC: 2026:KHC:30107 CRL.P No. 6490 of 2026 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; f) Petitioner shall mark his attendance before the Station House Officer, Paper Town Police Station, Bhadravathi, on the first and third Sunday of every month between 10.00 a.m. and 1.00 p.m. Sd/- (S VISHWAJITH SHETTY) JUDGE KK