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2026 DAILYLAW 27333 (KAR)

MD. MOHAMMED ILIYAZ @ ILIYAZ v. STATE BY BANASHANKARI PS

CRL.P/3665/2026 · 2026-07-08

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34331 CRL.P No. 3665 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. 3665 OF 2026 BETWEEN: MD. MOHAMMED ILIYAZ @ ILIYAZ S/O LATE MOHAMMED RAFIQ AGED ABOUT 30 YEARS, R/O. NO.307, 9TH MAIN, KAVERINAGAR, BANASHANKARI 2ND STAGE, BENGALURU - 560 054. …PETITIONER (BY SRI. PRASANNA RAO R., ADVOCATE) AND: STATE BY BANASHANKARI PS REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001 …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE ACCUSED. NO: 1- ON BAIL IN CRIME NO.186/2021 OF BANASHANKARI PS, REGISTERED FOR ALLEGED OFFENCE PUNISHABLE U/S- 307, 504 OF IPC AND U/SEC. 27(2) OF ARMS ACT, PENDING ON THE FILE OF THE HONBLE LXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH 70) PENDING IN SC NO: 1060/2024. 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 SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34331 CRL.P No. 3665 of 2026 ORAL ORDER Accused No.1 in S.C.No.1060/2024 pending before the Court of LXIX Additional City Civil and Sessions Judge, Bengaluru (CCH-70) arising out of crime No.186/2021 registered by Banashankari Police Station, Bengaluru for the offences punishable under Section 307, 504, 120B read with Section 34 of IPC and Section 25(1B)(b) of the Arms Act, 1959, 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. Learned counsel for the petitioner submits that on the merits of the case, the petitioner who was arrested on 17.08.2021 was earlier granted bail by the jurisdictional Court of Magistrate. Subsequently he had not appeared before the Trial Court and therefore, a split- up case was registered against him in S.C.No.1060/2024. In the said case, he was arrested and produced before the Trial Court on 12.11.2024 and remanded to judicial - 3 - HC-KAR NC: 2026:KHC:34331 CRL.P No. 3665 of 2026 custody. He submits that petitioner is ready and willing to co-operate before the Trial Court for speedy disposal of the case and he shall also abide by the conditions that may be imposed on him. Accordingly, prays to allow the petition. 4. Per contra, learned Additional State Public Prosecutor, who has opposed the petition submits that in the event the petitioner is enlarged on bail, he is likely to flee away from justice once again. She submits that appropriate conditions may be imposed on the petitioner. 5. It is not in dispute that petitioner was arrested in the present case on 17.08.2021 and was granted bail on merits of the case by the jurisdictional Court of Session Judge. It appears that after the charge sheet was filed, the case was committed to the jurisdictional Court of Session Judge and numbered as S.C.No.2047/2022. Since the petitioner had not appeared before the Trial Court in S.C.No.2047/2022, a split-up case was registered against him and numbered as - 4 - HC-KAR NC: 2026:KHC:34331 CRL.P No. 3665 of 2026 S.C.No.1060/2024. In the said case, the petitioner was arrested and produced before the Trial Court on 01.11.2024 and on the said day he was remanded to judicial custody. It is brought to the notice of this Court by the learned counsel for the petitioner that in the earlier two cases registered against the petitioner, he has been enlarged on bail. 6. Insofar as the present case is concerned, on the merits of the case, the petitioner was granted bail by the jurisdictional Court of Sessions Judge. It is only for the reason that he had not appeared before the Trial Court on the regular dates of hearing, coercive steps were taken against him and his presence was secured on 01.11.2024 and on the said day he was remanded to judicial custody. For the mistake committed by the petitioner, he has been sufficiently punished and he is now in custody for the last more than one and a half years. 7. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular - 5 - HC-KAR NC: 2026:KHC:34331 CRL.P No. 3665 of 2026 bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following: O R D E R (i) The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.1060/2024 pending before the Court of LXIX Additional City Civil and Sessions Judge, Bengaluru (CCH-70) arising out of crime No.186/2021 registered by Banashankari Police Station, Bengaluru for the offences punishable under Section 307, 504, 120B read with Section 34 of IPC and Section 25(1B)(b) of the Arms Act, 1959, 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 - 6 - HC-KAR NC: 2026:KHC:34331 CRL.P No. 3665 of 2026 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. f) The petitioner shall appear before the Station House Officer (S.H.O) of Banashankari Police Station on every first Sunday of the month, between 10.00 a.m. and 1.00 p.m. and mark his attendance for a period of 1 year from the date of receipt of copy of this order. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM:List No.: 1 Sl No.: 37