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2026 DAILYLAW 30393 (KAR)

MOHAMMED FARHAN SHARIEF v. THE STATE OF KARNATAKA BY

CRL.P/8226/2026 · 2026-07-21

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010392482026 NC: 2026:KHC:38004 CRL.P No. 8226 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. 8226 OF 2026 BETWEEN: 1. MOHAMMED FARHAN SHARIEF, S/O. SIDDIQ SHARIEF, AGED ABOUT 20 YEARS 2. MOHAMMED SAHEEL SHARIEF S/O. SIDDIQ SHARIEF AGED ABOUT 21 YEARS BOTH ARE RESIDING AT: BARMAPPA NAGAR, DODDAPET, SHIVAMOGGA - 577 202 …PETITIONERS (BY SRI. ANIRUDH Y.A., FOR SRI. PARAMESWARAPPA C., ADVOCATE) AND: THE STATE OF KARNATAKA BY DODDAPET POLICE STATION SHIVAMOGGA CITY - 577 205 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU - 560 001 …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010392482026 NC: 2026:KHC:38004 CRL.P No. 8226 of 2026 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ALLOW THE PETITION BY GRANTING THE ANTICIPATORY BAIL AND THEREBY DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IN CRIME NO.183/2025 OF DODDAPET POLICE STATION, SHIVAMOGGA TOWN SHIVAMOGGA DISTRICT PENDING ON THE FILE OF THE COURT OF JMFC-II AT SHIVAMOGGA FOR SUBMITTING THE FINAL REPORT FOR IN CRIME NO.183/2025 FOR THE OFFENCES P/U/S 109(1), 115(2), THE III ADDL.DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA HAS REJECTED THE ANTICIPATORY BAIL PETITION ON 30.07.2025 IN CRL.MISC NO.683/2025. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.1 & 2 in Crime No.183/2025 registered by Doddapete Police Station, Shivamogga District, for the offences punishable under Sections 109(1), 115(2), 140(2), 189(2), 118(1), 189(4), 191(3), 351(2), 191(2), 352, 190 of BNS, 2023, are before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.182/2025 was registered by Doddapete Police Station, Shivamogga District, for the aforesaid offences against the petitioners and others based on the first - 3 - HC-KAR CNR: KAHC010392482026 NC: 2026:KHC:38004 CRL.P No. 8226 of 2026 information dated 07.06.2025 received from Mohammed Asif, who is one of the victim in the present case. Apprehending arrest in the said case, petitioner had filed Crl. Misc. No.683/2025 before the jurisdictional Sessions Court which was dismissed on 30.07.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that accused nos.1 & 2 named in the FIR, for the reason that the victims had earlier assaulted their brother Akram, had initially assaulted the victims with their hand at about 2.15 p.m. on 07.06.2025, and thereafter, they had taken the victims in their auto rickshaw near their house and in front of their family members, they had once again assaulted the victims. In the said incident, the allegation of assaulting the victim with a machete is found as against accused no.1. So far as accused no.2 is concerned, the allegation is that he had assaulted with hands and legs. Amongst the two victims, one of them has suffered grievous injury and the other has suffered only simple injuries. The grievous injury caused is as a result of the assault by accused no.1 with the machete. Under the circumstances, I am of the opinion that prayer of accused no.1 for grant of - 4 - HC-KAR CNR: KAHC010392482026 NC: 2026:KHC:38004 CRL.P No. 8226 of 2026 anticipatory bail cannot be entertained, while the prayer made by accused no.2 for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 5. The petition is allowed in part. The petition as against petitioner no.1/accused no.1 is dismissed. The petition as against petitioner no.2/accused no.2 is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner no.2/accused no.2 in the event of his arrest in Crime No.183/2025 registered by Doddapete Police Station, Shivamogga District, for the offences punishable under Sections 109(1), 115(2), 140(2), 189(2), 118(1), 189(4), 191(3), 351(2), 191(2), 352, 190 of BNS, 2023,, subject to the following conditions: 1. The petitioner no.2/accused no.2 shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. - 5 - HC-KAR CNR: KAHC010392482026 NC: 2026:KHC:38004 CRL.P No. 8226 of 2026 2. Petitioner no.2/accused no.2 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner no.2/accused no.2 shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. Petitioner no.2/accused no.2 shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK List No.: 1 Sl No.: 73