- 1 - HC-KAR NC: 2026:KHC:33649 CRL.P No. 5743 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. 5743 OF 2026 BETWEEN: UMBRAZ S/O NABI AHAMMED, AGED ABOUT 23 YEARS, R/AT WARD NO.14, ABDAD MOHALLA, HASSAN - 573 201. ALSO AT R/AT 14TH CROSS, ADARSHANAGARA, HASSAN - 573 201. …PETITIONER (BY SRI. SRINIVASA J. Y.,ADVOCATE) AND: THE STATE OF KARNATAKA, PENSION MOHALLA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.439 CR.PC (FILED U/S.483 BNSS) PRAYING TO ORDER TO ENLARGE HIM ON BAIL IN S.C.NO.234/2025 (ARISING OUT OF CRIME NO.123/2025 OF Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33649 CRL.P No. 5743 of 2026 PENSION MOHALLA POLICE STATION) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 238, 70 R/W 3 (5) OF BNS AND SECTION 67 (A) OF INFORMATION TECHNOLOGY ACT ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, HASSAN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.3 in S.C.No.234/2025 pending before the Court of Principal District and Sessions Judge, Hassan, arising out of Crime No.123/2025 registered by the Pension Mohalla Police Station, Hassan for offences punishable under Sections 238, 70 read with Section 3(5) of BNS, 2023 and Section 67(A) of Information Technology Act, 2008, is before this Court in this petition filed under Section 483 of BNS, 2023 seeking regular bail. 2. Heard the learned counsel for parties. 3. FIR in Crime No.123/2025 was registered by Pension Mohalla Police Station, Hassan for the aforesaid offences as against three persons based on the first information dated 09.08.2025 received from Imraz Sharif, - 3 - HC-KAR NC: 2026:KHC:33649 CRL.P No. 5743 of 2026 brother of the victim, who is mentally unsound. In the said case, petitioner who is arraigned as accused No.3 was arrested on 10.08.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against four persons and petitioner is arraigned as accused No.3 in the charge sheet. His bail application filed before the trial Court in S.C.No.234/2025 was rejected on 20.02.2026 and therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds of the petition, submits that presence of the petitioner is not found in the video clipping based on which the FIR was registered in the present case. He submits that accused No.4 has been granted regular bail by the Co-ordinate Bench of this Court. Investigation of the case is already completed and the reports from the Forensic Science Laboratory is yet to be received. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2026:KHC:33649 CRL.P No. 5743 of 2026 5. Per-contra, learned High Court Government Pleader has opposed the bail application and submits that accused persons have committed a heinous offence on a mentally unsound girl and have also recorded the said act and circulated the same. Accordingly, he prays to dismiss the petition. 6. The first informant who is the brother of the victim, who is said to be mentally unsound, had received a video clipping on his mobile phone which was forwarded to him by his friend. In the said video clipping, he found his sister, who is the victim in the present case, being sexually assaulted. Immediately thereafter he verified from his friend about the source of the said video clipping and thereafter, he approached the police and based on his first information, FIR was registered against accused No.1 to 3. After the accused were arrested in the present case, charge sheet has been filed against them and as per the charge sheet allegation, the accused persons had induced the victim and had taken her to the house of accused No.2 - 5 - HC-KAR NC: 2026:KHC:33649 CRL.P No. 5743 of 2026 and in the said house, she was sexually assaulted. The act committed by the accused persons was also recorded by the petitioner herein in his mobile phone and thereafter, forwarded to the mobile phone of CW-5 who in turn had forwarded the same to the mobile phone of the first informant's friend. 7. Under the circumstances, the material on record makes out a very strong case as against the petitioner herein and he has played an active role in the heinous act committed. Accused No.4 has been granted regular bail by the Co-ordinate Bench of this Court, for the reason that his name was not found in the FIR and his presence was also not seen in the video clipping. So far as the petitioner is concerned, his name is found in the FIR and he is the person who had recorded the act of rape committed by other accused persons in his mobile phone and thereafter, forwarded the same to CW-5. - 6 - HC-KAR NC: 2026:KHC:33649 CRL.P No. 5743 of 2026 8. Under the circumstances, I am of the opinion that petitioner's prayer for regular bail needs to be rejected. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE MCR List No.: 1 Sl No.: 73