- 1 - HC-KAR CNR: KAHC010279602026 NC: 2026:KHC:36498 CRL.P No. 6074 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6074 OF 2026 (439(Cr.PC) BETWEEN: MOHAMMAD AZARUDDIN @ AZARUDDIN S/O IBRAHIM AGED ABOUT 33 YEARS, R/AT: 12/77/2, SULTHAN MOHALLA, GANGOLLI, KUNDAPURA TALUK, UDUPI DISTRICT - 576216. …PETITIONER (BY SMT. LENITA MATHIAS, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BARKE POLICE STATION, URWA MARKET, GANDHINAGAR, MANGALORE - 575003 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE - 560001. 2. N.M. KEMPARA AGED ABOUT 60 YEARS FATHER'S NAME NOT KNOWN CHIEF SUPERVISOR, DISTRICT PRISON, MANGALORE-575003. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; R2 SERVED) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010279602026 NC: 2026:KHC:36498 CRL.P No. 6074 of 2026 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO DIRECT HIS ENLARGEMENT ON BAIL IN RELATION TO THE CASE IN CRIME NO.5/2018 OF THE BARKE POLICE STATION, MANGALORE FOR THE OFFNECE P/U/S 120(B), 143, 147, 148, 149, 307, 323, 324, 332, 353, 427 AND 504 OF IPC 1860 AND UNDER SECTION 45 OF KARNATAKA PRISONERS ACT 1963 PENDING ON THE FILE OF THE HON'BLE J.M.F.C VI COURT MANGALORE REGISTERED AS C.C.NO.858/2020 AT ANNEUXRE-D 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.50 in C.C.No.858/2020 on the file of learned Judicial Magistrate of First Class VI, Mangaluru arising out of Crime No.05/2018 registered by Barke Police Station, Mangaluru City, Dakshina Kannada District, for the offence punishable under Sections 120(B), 143, 147, 148, 323, 324, 332, 307, 353, 427, 504 read with Section 149 of IPC, Section 2(b) of the Karnataka Prevention of Destruction and Loss of Property Act, 1981 and Section 45 of the Karnataka Prisoners Act, 1963, is before this Court in this criminal petition filed under Section 483 of BNSS seeking regular bail. - 3 - HC-KAR CNR: KAHC010279602026 NC: 2026:KHC:36498 CRL.P No. 6074 of 2026 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.05/2018 was registered by Barke Police Station, Mangaluru City, for the aforesaid offences against 40 under trail prisoners on the basis of the first information dated 08.01.2018 received from Sri.N.M.Kempara, the Superintendent of Central Prison, Mangaluru. In the said case, petitioner was remanded to judicial custody on 06.02.2026. His bail petition filed before the jurisdictional Sessions Court, Mangaluru, in Crl.Misc.No.125/2026 was rejected on 07.03.2026. Therefore, the petitioner is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition, prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the bail petition and prays to dismiss the petition. - 4 - HC-KAR CNR: KAHC010279602026 NC: 2026:KHC:36498 CRL.P No. 6074 of 2026 6. FIR was registered in Crime No.05/2018 against 40 under trial prisoners on the allegation that two groups of under trial prisoners had fought against each other within the premises of Mangaluru Central Jail and in the said incident some of the under trial prisoners were injured and the property belonging to the State inside the jail premises was damaged. After completing investigation in the said case, charge sheet has been filed as against 50 persons and petitioner is arrayed as accused No.50 in the charge sheet. Neither in the FIR nor in the charge sheet any specific overt act is attributed as against the petitioner herein. 7. It appears that after the FIR was registered in the present case, the petitioner who was in custody in another criminal case was produced under Body Warrant and after he was released in the original case, he had not appeared before the Court in the present case. Therefore, coercive steps were taken against him to secure his presence. The petitioner had voluntarily - 5 - HC-KAR CNR: KAHC010279602026 NC: 2026:KHC:36498 CRL.P No. 6074 of 2026 surrendered before the Trial Court in the present case on 06.02.2026 and on the same day he was remanded to judicial custody. In the other criminal cases which were registered against petitioner, he has been enlarged on bail. Petitioner has undertaken to appear before the Trial Court on all dates of hearing and cooperate for speedy disposal of the case and also to abide by any conditions that may be imposed by the Court. Under these circumstances, I am of the opinion that prayer for grant of regular bail needs to be answered in affirmatively. Accordingly, the following:- ORDER The petition is allowed. Petitioner is directed to be enlarged on bail in C.C.No.858/2020 on the file of learned Judicial Magistrate of First Class VI, Mangaluru arising out of Crime No.05/2018 registered by Barke Police Station, Mangaluru City, Dakshina Kannada District, for the offence punishable under Sections 120(B), 143, 147, 148, 323, 324, 332, - 6 - HC-KAR CNR: KAHC010279602026 NC: 2026:KHC:36498 CRL.P No. 6074 of 2026 307, 353, 427, 504 read with Section 149 of IPC, Section 2(b) of the Karnataka Prevention of Destruction and Loss of Property Act, 1981 and Section 45 of the Karnataka Prisoners Act, 1963, subject to the following conditions: a) 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) Petitioner shall appear before the Station House Officer of Barke Police Station, Mangaluru City, on every 3rd Sunday of the month between 10.30 a.m. and 1.30 p.m. and mark his attendance for a period of one year from the date of his release from the custody. c) Petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; d) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - HC-KAR CNR: KAHC010279602026 NC: 2026:KHC:36498 CRL.P No. 6074 of 2026 e) Petitioner shall not involve in similar offences in future; and f) 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 DL List No.: 1 Sl No.: 62