Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010375012026 NC: 2026:KHC:37491 CRL.P No. 7911 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7911 OF 2026 BETWEEN:
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JAVEED PASHA @JAVEED S/O LATE NAJEER AHAMMED AGED ABOUT 31 YEARS R/AT NO.321, 17TH CROSS NEAR KERALA MASJID GOUSIYANAGAR C BLOCK, MYSURU CITY - 570 019. …PETITIONER (BY SRI NAGARJUN J, ADV.) AND:
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STATE BY UDAYAGIRI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, STATE OF KARNATAKA HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP)
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL ARISING OUT OF CR.NO.17/2026 REGISTERED BY UDAYAGIRI P.S., FOR THE OFFENCES P/U/S 103(1),54,249 R/W 3(5),61(2) OF BNS, 2023, PENDING BEFORE THE II ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, AT MYSURU IN CC.NO.3071/2026.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010375012026 NC: 2026:KHC:37491 CRL.P No. 7911 of 2026
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused no.6 in Crime No.17 of 2026 registered by Udayagiri Police Station, Mysuru for offences punishable under Sections 103(1), 54, 249, 61(2) R/w Section 3(5) of BNS, 2023 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. FIR in Crime No.17 of 2026 was registered by Udayagiri Police Station, Mysuru, for the aforesaid offences against Juber alias Jubbu and others based on the first information dated 20.01.2026, received from Sri Shamshir Alam, brother of deceased Muhammed Shahabaz. During the course of investigation of the said case, petitioner was arrested on 22.01.2026 and remanded to judicial custody. After completing investigation, charge sheet has been filed against 12 persons and petitioner is arrayed as accused no.6 in the charge sheet. His bail application filed before the Jurisdictional
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HC-KAR
CNR: KAHC010375012026 NC: 2026:KHC:37491 CRL.P No. 7911 of 2026
Sessions Court in Crl.Misc.No.403 of 2026, was rejected on
27.04.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that, there was a ill will between deceased Mohammed Shahabaz and the accused and it is in this background, accused persons allegedly conspired to commit the murder of Mohammed Shahabaz. In furtherance of such conspiracy, accused nos.9 to 11 had assured to pay money to accused nos.1 to 5 and also to take care of their expenses for obtaining bail. 5. In the incident in question that had taken place on 20.01.2026, allegation of assaulting deceased Mohammed Shahabaz with deadly weapons is found against accused nos.1 to 3 in the charge sheet. Accused nos.4 and 5, who were along with the accused nos.1 to 3 had allegedly helped them to escape from the spot after they had assaulted the deceased. Accused nos.6 to 8 are the persons who had given the information about the whereabouts of deceased Mohammed Shahabaz to the assailants. Accused no.9 and 11 are the
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HC-KAR
CNR: KAHC010375012026 NC: 2026:KHC:37491 CRL.P No. 7911 of 2026
persons who had given Supari to accused nos.1 to 5. Accused nos.9 to 11 have been granted regular bail by the Co-ordinate Bench of this Court in Criminal Petition No.3616 of 2026, 3741 of 2026 and Crl.P.No.3828 of 2026, which were disposed of on
10.04.2026.
Insofar as the petitioner is concerned, the only allegation against him is that he had given the whereabouts of the deceased to the assailants. He is in custody in the present case for the last more than six months. Investigation of the case is already completed. Under the circumstances, the following:-
ORDER Criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.17 of 2026 registered by Udayagiri Police Station, Mysuru for offences punishable under Sections 103(1), 54, 249, 61(2) R/w Section 3(5) of BNS, 2023, subject to the following conditions:- a) The 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;
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HC-KAR
CNR: KAHC010375012026 NC: 2026:KHC:37491 CRL.P No. 7911 of 2026
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. 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.
Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS List No.: 1 Sl No.: 55