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2026 DAILYLAW 26383 (KAR)

IMRAN @ MOHAMMED IMRAN v. THE STATE OF KARNATAKA

CRL.P/2065/2026 · 2026-07-07

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34094 CRL.P No. 2065 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2065 OF 2026 BETWEEN: IMRAN @ MOHAMMED IMRAN S/O SALEEM PASHA AGED ABOUT 23 YEARS R/AT DODDABASATHI ULLALU POST, KENGERI HOBLI BENGALURU SOUTH TALUK BENGALURU CITY - 560 060. (NOW IN J.C) …PETITIONER (BY SRI A.N. RADHA KRISHNA, ADV.) AND: THE STATE OF KARNATAKA BY RAMANAGARA RURAL POLICE REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCPG) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.5/2025 OF RAMANAGARA RURAL POLICE, FOR THE OFFENCE P/US/ 310(2) OF BNS 2023 NOW PENDING ON THE FILE OF THE LEARNED III ADDL DISTRICT AND SESSIONS JUDGE, RAMANAGARA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34094 CRL.P No. 2065 of 2026 ORAL ORDER 1. Accused no.1 in S.C.No.33 of 2025 pending before the Court of Principal District and Sessions Judge, Ramanagara arising out of Crime No.5 of 2025 registered by Ramanagara Rural Police Station for offence punishable under Section 310(2) of BNS, 2023 is before this Court in this successive application filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No. 5 of 2025 was registered by Ramanagara Rural Police Station for the aforesaid offence against Sulthan and seven others, on the basis of the first information dated 08.01.2025 received from Sri Faheem Pasha, son of Ayub Pasha. During the course of investigation, petitioner herein was arrested on 09.01.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against six persons and petitioner is arrayed as accused no.1 in the charge sheet. His bail application filed before the trial Court was rejected and therefore he had earlier - 3 - HC-KAR NC: 2026:KHC:34094 CRL.P No. 2065 of 2026 approached this Court in Criminal Petition No.10577 of 2025 which was dismissed by the co-ordinate Bench of this Court on 13.10.2025. Subsequently, petitioner had filed a fresh bail application before the jurisdictional Sessions Court in SC No.33 of 2025 which was rejected on 13.01.2026. Therefore, petitioner is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that except the petitioner the other accused persons have been granted regular bail in the present case. Petitioner aged about 23 years has no other criminal antecedents. He is in custody in the present case for the last one and a half years. Trial in the case is yet to commence and accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition, submits that recovery has been made at the instance of the petitioner and there is sufficient material to connect the petitioner to the crime. Accordingly, he prays to dismiss the petition. - 4 - HC-KAR NC: 2026:KHC:34094 CRL.P No. 2065 of 2026 6. Perusal of the material on record would go to show that, the first informant and accused No.1 are drivers by profession who worked for the same employer. It is alleged that the first informant and accused No.1 had gone to Delhi in lorry bearing registration No.KA-41-D-8740 and on 04.01.2025 after loading the aforesaid lorry with limestone and tobacco product, were returning to Kasargod for delivery of the load. 7. It is alleged that on 07.01.2025 near Karwar about 7.00 p.m, accused who came in two cars intercepted the aforesaid lorry and asked the first informant and accused No.1, who were inmates of the lorry to get down from the lorry and thereafter the first informant was kidnapped in the car, in which accused had arrived. It is in this background, FIR was registered against accused No.1 and others. 8. In the charge sheet, which is now filed it is stated that, accused Nos.2 to 6 at the instance of accused No.1 had intercepted the aforesaid lorry near Karawar and had forcibly taken the first informant in the car, in which they had arrived at the spot of crime and thereafter accused No.1 had driven the - 5 - HC-KAR NC: 2026:KHC:34094 CRL.P No. 2065 of 2026 aforesaid lorry which was loaded and had parked the same in the godown of one Mathein. 9. During the course of investigation, the lorry along with the load has been seized at the instance of accused no.1. It is not in dispute that the other accused, who are arrested in the present case have been all granted regular bail by this Court in Crl.P.No.8262 of 2025 connected with Crl.P.No.8871 of 2025. Petitioner aged about 23 years, who has no other criminal antecedent is in custody in the present case for the last one and a half years. The prosecution has altogether cited 22 charge sheet witnesses in the present case and it is brought to the notice of this Court that trial in the case is yet to commence. Continued detention of the petitioner in custody amongst all hard core criminals may have a direct impact on his mind-set and future prospects. Apprehension expressed by learned HCGP can be taken care of by imposing appropriate conditions. 10. Accordingly, the following: - 6 - HC-KAR NC: 2026:KHC:34094 CRL.P No. 2065 of 2026 ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime.No.5/2025 registered by Ramanagara Rural Police Station, Ramanagara District for the offence punishable under Section 310(2) of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; 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; - 7 - HC-KAR NC: 2026:KHC:34094 CRL.P No. 2065 of 2026 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 NMS List No.: 1 Sl No.: 47