- 1 - HC-KAR CNR: KAHC010341732026 NC: 2026:KHC:36068 CRL.P No. 7197 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.7197 OF 2026 BETWEEN: ARFAN @ JALDI ARFAN S/O ABOOBAKKAR SIDDIQ AGED ABOUT 28 YEARS R/AT D.NO.9-43/1 BANDIKOTYA, NEAR DARGA ULLALA VILLAGE MANGALURU D.K DISTRICT - 575 020 …PETITIONER (BY SRI.LETHIF B, ADVOCATE) AND: THE STATE OF KARNATAKA BY ULLALA SOUTH POLICE STATION D.K DISTRICT REP. BY SPP, HIGH COURT BUILDING BANGALORE-560001 …RESPONDENT (BY SRI.RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/SEC.439 CR.PC (FILED U/SEC.483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010341732026 NC: 2026:KHC:36068 CRL.P No. 7197 of 2026 THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE HIM ON BAIL IN CRIME NO.366/2016 (SC NO.01/2023) OF ULLALA POLICE STATION FOR THE OFFENCES P/U/SEC.448, 324, 307, 506, 109 R/W 34 OF IPC PENDING ON THE FILE OF THE VI ADDL. DISTRICT AND SESSIONS COURT, D.K.MANGALURU AND ETC. 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.1 in SC No.1/2023 pending before the Court of VI Additional District and Sessions Court, D.K, Mangaluru arising out of Crime No.366/2016 registered by Ullala Police Station for the offences punishable under Sections 448, 324, 307, 506 and 109 read with 34 of IPC is before this Court in this petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking regular bail. 2. Heard learned counsel for the parties. - 3 - HC-KAR CNR: KAHC010341732026 NC: 2026:KHC:36068 CRL.P No. 7197 of 2026 3. Learned counsel for the petitioner submits that on the merits of the case, the petitioner, who was earlier arrested, was granted regular bail by the jurisdictional Sessions Court. In the trial that was held against the other accused in the present case in SC No.191/2022, accused No.2 has been acquitted and the injured victim has turned hostile to the case of the prosecution. Since, the petitioner did not appear before the Trial Court, a split up case is registered against him and he is now arrested and remanded to judicial custody in the said case. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP, who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner. 5. It is not in dispute that the petitioner, who was earlier arrested in the present case, was subsequently granted regular bail by the Trial Court. It appears that since the petitioner had not appeared before the Trial - 4 - HC-KAR CNR: KAHC010341732026 NC: 2026:KHC:36068 CRL.P No. 7197 of 2026 Court in SC No.191/2022, a split-up case was registered as against him in SC No.1/2023 and his presence was secured in the said case on 25.03.2026 and on the said day, he was remanded to judicial custody. Accused No.2, who was tried in S.C.No.191/2022 for the charge sheeted offences has been acquitted by the Trial Court vide order of acquittal dated 03.01.2026. The submission made by the learned counsel for the petitioner that the injured victim and the other material charge sheet witnesses have turned hostile to the case of the prosecution is not seriously disputed. The petitioner has undertaken to co-operate before the Trial Court for expeditious disposal of the case. Under these circumstances, the following; ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in SC No.1/2023 pending before the Court of VI Additional District and Sessions Court, D.K, Mangaluru arising out of - 5 - HC-KAR CNR: KAHC010341732026 NC: 2026:KHC:36068 CRL.P No. 7197 of 2026 Crime No.366/2016 registered by Ullala Police Station for the offences punishable under Sections 448, 324, 307, 506 and 109 read with 34 of IPC, subject to the following conditions: a) 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) 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) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner shall not involve in similar offences in future; e) 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. - 6 - HC-KAR CNR: KAHC010341732026 NC: 2026:KHC:36068 CRL.P No. 7197 of 2026 f) Petitioner shall appear before the Station House Officer, Ullala Police Station on 1st Sunday of every month between 10.30 a.m. and 1.00 p.m. and mark his attendance for a period of six months from the date of his release from the custody. SD/- (S VISHWAJITH SHETTY) JUDGE NBM List No.: 1 Sl No.: 51