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2026 DAILYLAW 26269 (KAR)

ABDUL KADAR ALTHAF v. STATE OF KARNATAKA

CRL.P/8789/2026 · 2026-07-06

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33783 CRL.P No. 8789 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8789 OF 2026 BETWEEN: 1. ABDUL KADAR ALTHAF S/O LATE IBRAHIM AGED ABOUT 36 YEARS R/AT D.NO. 4/292, FAZAL MANZIL K.G.M ROAD UDYAVARA, MANJESHWARA KASARAGOD DISTRICT KERALA - 671 323. 2. FAIZAL ADIL S/O ABDUL SALAM AGED ABOUT 27 YEARS R/AT AKKAJE HOUSE KUNJATHUR, UDYAVARA MANJESHWARA, KASARAGOD DISTRICT, KERALA - 671 323. …PETITIONERS (BY SRI JEEVAN K, ADV.) AND: STATE OF KARNATAKA BY BELTHANGADY POLICE STATION BENGALURU - 560 105 REPRESENTED BY THE HCGP HIGH COURT BUILDINGS HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.60/2026 OF BELTHANGADI P.S. ON THE FILE OF PRL.CIVIL JUDGE AND J.M.F.C COURT UNDER SEC.74,75(2) R/W 3(5) OF BNS 2023. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33783 CRL.P No. 8789 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 nos.1 & 2 in Crime No.60/2026 registered by Belthangadi Police Station, Dakshina Kannada District, for the offences punishable under Sections 74, 75(2) read with 3(5) of BNS, 2023, are before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.60/2026 was registered by Belthangadi Police Station, Dakshina Kannada District, for the aforesaid offences against the petitioners herein based on the first information dated 20.05.2026 received from the victim girl aged about 21 years. In the said case, petitioners were arrested on 20.05.2026 and remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court at Mangaluru, in Crl. Misc. No.472/2026 was rejected on 10.06.2026. Therefore, they are before this Court. - 3 - HC-KAR NC: 2026:KHC:33783 CRL.P No. 8789 of 2026 4. Perusal of the material on record would go to show that the accused persons named in the FIR and the alleged victims are all acquainted to each other and they had together traveled in a car to a water falls within the jurisdiction of Belthangadi Police Station. The allegation against the accused persons is that when the victims were playing in the water, the accused persons allegedly inappropriately touched them and also tried to outrage their modesty. Considering the nature of allegations found in the first information and also taking into consideration that the petitioners are now in custody, I am of the opinion that their prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 5. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.60/2026 registered by Belthangady Police Station, Dakshina Kannada District, for the offences punishable under Sections 74, 75(2) read with 3(5) of BNS, 2023, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 4 - HC-KAR NC: 2026:KHC:33783 CRL.P No. 8789 of 2026 b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK