- 1 - HC-KAR NC: 2026:KHC:32479 CRL.P No. 7426 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7426 OF 2026 BETWEEN: MOHAMMED RAFIQ S/O D.H. ABDULLA AGED ABOUT 41 YEARS R/AT D NO.8-140/1 BORUGUDDE HOUSE NAVOOR SULLIA KASABA SULLIA TALUK D.K. DISTRICT - 574 239. …PETITIONER (BY SRI NISHIT KUMAR SHETTY, ADV.) AND: STATE OF KARNATAKA BY STATION HOUSE OFFICER SULLIA POLICE STATION D.K. DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 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 ON REGULAR BAIL IN C.C.NO.201/2026 (CRIME NO.125/2025 OF SULLIA POLICE STATION) REGISTERED AGAINST HIM FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 137(2), 127(2), 123, 103 R/W 3(5) OF BNS 2023 AND SECTION 27 OF NDPS ACT PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND J.M.F.C COURT, AT SULLIA, D.K. DISTRICT. 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:32479 CRL.P No. 7426 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.1 in Crime No.125/2025 registered by Sullia Police Station, Dakshina Kannada District, for the offences punishable under Sections 137(2), 127(2), 123, 103 read with 3(5) of BNS, 2023, and Section 27 of NDPS Act, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.125/2025 was registered by Sullia Police Station, Dakshina Kannada District, for the aforesaid offences against one Rafiq Padu and others based on the first information dated 18.10.2025 received from Sumayya, wife of deceased Abdul Jabbar. In the said case, petitioner was arrested on 29.12.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against six persons and petitioner is arrayed as accused no.1 in the charge sheet. His bail application filed before the Trial Court in Crl. Misc. No.5096/2026 was rejected on 29.04.2026. Therefore, petitioner is before this Court. - 3 - HC-KAR NC: 2026:KHC:32479 CRL.P No. 7426 of 2026 4. First information was submitted by the wife of deceased Abdul Jabbar on 18.10.2025 alleging that on 16.10.2025, accused no.1 and others who came to her house, took her husband with them and thereafter assaulted him at Kallukundi. Subsequently, they threatened him of dire consequences and had released him. On 17.10.2025, Abdul Jabbar who had returned home, started vomiting and thereafter he was taken to a hospital, where he was declared dead, and therefore, his wife had approached the police on 18.10.2025 and submitted the first information. 5. During the course of investigation, petitioner and other accused were arrested and after completing investigation, charge sheet has been filed against six persons for the aforesaid offences. As per the charge sheet allegations, deceased Abdul Jabbar had misbehaved with CW-7 & CW-8 who are minor boys. Petitioner is said to be the uncle of CW-7 & CW-8. On 16.10.2025, petitioner and other accused persons with an intention to teach a lesson to deceased Abdul Jabbar, had taken him along with them from his house in the car bearing registration No.KA-21-P-6869 which was brought by - 4 - HC-KAR NC: 2026:KHC:32479 CRL.P No. 7426 of 2026 accused no.1. Subsequently, they had stopped the car near the school of CW-7 & CW-8 and picked up the said minor boys and thereafter, assaulted Abdul Jabbar in front of the minor boys for having misbehaved with them. Subsequently, the minor boys were sent back to the school and the accused persons assaulted Abdul Jabbar near Kallukundi and threatened him of dire consequences if he further misbehaves with the minor boys. Thereafter, the accused persons had dropped injured Abdul Jabbar near his auto rickshaw and he had returned home. On the next date, he had complained in his house and had started vomiting. Immediately thereafter, he was taken to a hospital, but he was declared dead. 6. From the aforesaid, it is apparent that accused persons had assaulted Abdul Jabbar for the reason that he had misbehaved with CW-7 & CW-8 who are minor boys related to the accused persons. After Abdul Jabbar was assaulted, he was released by the accused persons and Abdul Jabbar thereafter returned home and it is on the next date, he had started vomiting and thereafter he was shifted to the hospital. - 5 - HC-KAR NC: 2026:KHC:32479 CRL.P No. 7426 of 2026 7. Considering the aforesaid aspects of the matter, a doubt arises whether the accused persons had an intention to commit the murder of Abdul Jabbar. It is not in dispute that the petitioner has no other criminal antecedents. He is said to be a married man having family. Investigation of the case is completed and charge sheet is filed. The allegations found in the charge sheet are required to be proved in a full-fledged trial. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.125/2025 registered by Sullia Police Station, Dakshina Kannada District, for the offences punishable under Sections 137(2), 127(2), 123, 103 read with 3(5) of BNS, 2023, and Section 27 of NDPS Act, 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; - 6 - HC-KAR NC: 2026:KHC:32479 CRL.P No. 7426 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. Sd/- (S VISHWAJITH SHETTY) JUDGE KK