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2026 DAILYLAW 22316 (KAR)

MAMAMAD KHALIL ULLA BOMBAY SALEEM @ FAYAZ BHAI @ CHOTU @ SAM v. THE STATE OF KARNATAKA

CRL.P/808/2026 · 2026-06-18

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30132 CRL.P No. 808 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. 808 OF 2026 BETWEEN: MAMAMAD KHALIL ULLA BOMBAY SALEEM @ FAYAZ BHAI @ CHOTU @ SAM @ S/O LATE KARIM ULLA AGED ABOUT 54 YEARS R/AT. KALAMANSOOR HOUSE BEHIND GURUSIDDESHWAR TALKIS TIPPASANDRA AVALAHALI BENGALURU - 560 002 NOW AT ASLAM HOUSE BENGALRU CITY. …PETITIONER (BY SRI K. ELANGOVAN, ADV.) AND: THE STATE OF KARNATAKA BAGEPALLI POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/A-1 ON BAIL IN CR.NO.459/2024 AND SC.NO.34/2025, OF BAGEPALLI POLICE FOR THE ALLEGED OFFENCE P/U/S. 111, 61(2), 140(2) AND 311 OF BNS 2023, WHICH IS PENDING BEFORE THE HONBLE III ADDL. DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 2 - HC-KAR NC: 2026:KHC:30132 CRL.P No. 808 of 2026 ORAL ORDER 1. Accused no.1 in S.C.No.34/2025, pending before the Court of III Addl. District and Sessions Judge, Chikkaballapura, arising out of Crime No.459 of 2024 registered by Bagepalli Police Station for the offences punishable under Sections 111, 61(2), 140(2) & 311 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 learned HCGP for respondent - State. 3. FIR in Crime No.459 of 2024 registered by Bagepalli Police Station initially for the offences punishable under Sections 140(2) & 311 of BNS, 2023 against the petitioner herein and others, based on the first information dated 20.12.2024 received from Sri Ashwathnarayanaswamy S/o Sri Narasimhappa. During the course of investigation, petitioner was arrested on 02.02.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against eleven persons and the petitioner herein is arraigned as accused no.1 in the charge sheet. His bail application before - 3 - HC-KAR NC: 2026:KHC:30132 CRL.P No. 808 of 2026 the jurisdictional Sessions Court was rejected. Therefore, he had earlier approached this Court in Crl.P.No.10432/2025, which was dismissed on merits by the Co-ordinate Bench of this Court on 15.10.2025. It is under these circumstances, the petitioner is before this Court in this successive bail application. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that, all other accused persons, who are arrested in the present case have been enlarged on bail. This Court while dismissing Crl.P.No.10432/2025 has not considered all grounds urged in the petition. Since charge sheet is already filed, custodial interrogation of the petitioner is not required. Accordingly, he prays to dismiss the petition. 5. Per contra, learned HCGP, who has opposed the petition submits that petitioner has not pointed out any change in circumstances so as to entertain this successive bail application. Three months after dismissal of his earlier petition without any change in circumstance present criminal petition is filed. The petitioner is a person with criminal antecedents. Accordingly, he prays to dismiss the petition. - 4 - HC-KAR NC: 2026:KHC:30132 CRL.P No. 808 of 2026 6. The petitioner had earlier approached this Court seeking regular bail after his bail application filed before the Trial Court in S.C.No.34/2025 was rejected on 17.06.2025. The Co-ordinate Bench of this Court has dismissed earlier regular bail application filed by the petitioner before this Court in Crl.P.No.10432/2025 on its merits. 7. The petitioner is a person with criminal antecedents and it is under these circumstances, offence punishable under Section 111 of BNS, 2023 has been invoked against accused in the present case. 8. As rightly pointed out by learned HCGP the petitioner has not made out any change in circumstances, after his earlier bail application was rejected by this Court so as to entertain his successive bail application. 9. It is trite that successive bail application can be entertained only if there is any change in circumstances. Merely for the reason that the petitioner has not urged some of the grounds that were available to him before this Court in his earlier bail application, the same cannot be a ground to - 5 - HC-KAR NC: 2026:KHC:30132 CRL.P No. 808 of 2026 entertain his successive bail application. Under these circumstances, I do not find any good ground to entertain this petition. 10. Accordingly, the criminal petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 56