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2026 DAILYLAW 27030 (KAR)

ABDUL BASEER v. THE STATE OF KARNATAKA

CRL.P/7335/2026 · 2026-07-08

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34304 CRL.P No. 7335 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7335 OF 2026 BETWEEN: ABDUL BASEER S/O. KOYASAN ALI AGED ABOUT 37 YEARS R/AT AZAD NAGAR STREET, MADIKERI PERMANENT RESIDENT OF D.NO. 24-174, SULLIA DK DISTRICT - 574 239 …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: THE STATE OF KARNATAKA BY MADIKERI TOWN POLICE STATION, KODAGU DISTRICT REP. BY SPP, HIGH COURT BUILDING, BANGALORE 560001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE HIM ON BAIL IN CRIME NO.38/2026 OF MADIKERI TOWN POLICE STATION FOR THE OFFENCE P/US/352,126(2),109(1),351(2) R/W SEC.3(5) OF BNS PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM COURT MADIKERI. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34304 CRL.P No. 7335 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 No.1 in Crime No.38/2026 registered by Madikeri Town Police Station, Kodagu District, for offences punishable under Sections 352, 126(2), 109(1), 351(2) read with 3(5) of BNS, 2023 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. FIR in Crime No.38/2026 was registered by Madikeri Town Police Station, Kodagu District, for the aforesaid offences against the petitioner and others based on the first information dated 11.04.2026 received from Mahammad Ali, who is the injured victim in the present case. 3. During the course of investigation, the petitioner herein was arrested on 16.04.2026 and remanded to judicial custody. His bail application, filed before the jurisdictional Sessions Court in Crl.Misc.No.145/2026 was rejected on 04.05.2026. Therefore, he is before this Court. - 3 - HC-KAR NC: 2026:KHC:34304 CRL.P No. 7335 of 2026 4. A perusal of the typed first information dated 11.04.2026 submitted by the alleged victim - Mahammad Ali would reveal that he had some ill-will with accused No.1 - Abdul Basheer with regard to certain monetary transactions between them and they had earlier fought against each other. On 11.04.2026 at about 06.30 p.m., when the first informant was in his mobile shop, the petitioner who came there allegedly abused and criminally intimidated him. At about 08.30 p.m., the first informant along with his friends had gone to a cultural programme and the petitioner, who came there along with his friends, who are arraigned as the other accused in the present case, allegedly quarreled with the first informant and assaulted him with a knife. In the alleged incident that had taken place at about 08.45 p.m. on 11.04.2026, the victim has suffered only simple injuries. 5. The submission made by the learned counsel for the petitioner that he has no other criminal antecedents is not disputed by the learned for HCGP. The petitioner is in custody in the present case from 16.04.2026. Major portion of the investigation is already completed. - 4 - HC-KAR NC: 2026:KHC:34304 CRL.P No. 7335 of 2026 6. Under the said circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following: The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No. 38/2026 registered by Madikeri Town Police Station, Kodagu District for offences punishable under Sections 352, 126(2), 109(1), 351(2) read with 3(5) of BNS, 2023, subject to the following conditions: a) The 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; 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; - 5 - HC-KAR NC: 2026:KHC:34304 CRL.P No. 7335 of 2026 e) The petitioner shall not leave the jurisdiction of the Trial Court without the permission of the said Court until the case registered against him is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE ND List No.: 1 Sl No.: 58