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2026 DAILYLAW 30652 (KAR)

SYED SAHEED v. THE STATE OF KARNATAKA

CRL.P/8392/2026 · 2026-07-24

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010396282026 NC: 2026:KHC:38393 CRL.P No. 8331 of 2026 C/W CRL.P No. 8332 of 2026 CRL.P No. 8392 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8331 OF 2026 C/W CRIMINAL PETITION NO. 8332 OF 2026, CRIMINAL PETITION NO. 8392 OF 2026 IN CRL.P No. 8331/2026: BETWEEN: 1. SUHEB @ SYED SHRUIB S/O. SYED ZABI AGED ABOUT 21 YEARS RESIDING AT NO.4821 NEELAKANTANAGARA NANJANGUD - 571 301. 2. TIPPU S/O CHAND SAB AGED ABOUT 34 YEARS RESIDING AT NO.4864 4TH CROSS, CHURCH ROAD NEELKANTANAGARA NANJUNGUD TOWN MYSORE DISTRICT - 571 301. …PETITIONERS (BY SRI ANIRUDH Y.A, ADV., FOR SRI PARAMESWARAPPA C, ADV.) AND: THE STATE OF KARNATAKA BY NANJANGUD TOWN POLICE STATION MYSURU DISTRICT - 571 301 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. …RESPONDENT Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010396282026 NC: 2026:KHC:38393 CRL.P No. 8331 of 2026 C/W CRL.P No. 8332 of 2026 CRL.P No. 8392 of 2026 (BY SRI VINAY MAHADEVAIAH, HCGP) 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.31/2026 OF NANJANGUD TOWN POLICE STATION, NANJAGUD MYSURU DISTRICT PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC NANJANGUD IN CRIME NO.31/2026 P/U/S 189(2), 189(4), 191(2), 191(3), 126(2), 352, 351(3), 79, 115(2), 118(1), 109 R/W 190 OF THE BNS 2023. IN CRL.P NO. 8332/2026: BETWEEN: ILLU @ ILIYAZ AHMED S/O MOHAMMED ASLAM AGED ABOUT 30 YEARS RESIDING AT NO.4846 TAPCMS, BEHIND NEELAKANTANAGARA NANJANGUD TOWN, MYSORE DISTRICT - 571 301. ...PETITIONER (BY SRI ANIRUDH Y.A, ADV., FOR SRI PARAMESWARAPPA C, ADV.) AND: THE STATE OF KARNATAKA BY NANJANGUD TOWN POLICE STATION MYSURU DISTRICT - 571 301 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. ...RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C 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.31/2026 OF NANJANGUD TOWN POLICE STATION, NANJANGUD, MYSURU DISTRICT PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC NANJANGUD IN CRIME NO.31/2026 P/US/ 189(2), 189(4), 191(2), 191(3), 126(2), 352, 351(3), 79, - 3 - HC-KAR CNR: KAHC010396282026 NC: 2026:KHC:38393 CRL.P No. 8331 of 2026 C/W CRL.P No. 8332 of 2026 CRL.P No. 8392 of 2026 115(2), 118(1), 109 R/W SEC.190 OF BNS 2023. IN CRL.P NO. 8392/2026: BETWEEN: SYED SAHEED S/O SYED IQBAL AGED ABOUT 21 YEARS RESIDING AT NEELAKANTA NAGARA VTC NANJANGUD, NANJANGUD - 571 301. ...PETITIONER (BY SRI ANIRUDH Y.A, ADV., FOR SRI PARAMESWARAPPA C, ADV.) AND: THE STATE OF KARNATAKA BY NANJANGUD TOWN POLICE STATION MYSURU DISTRICT - 571 301 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. ...RESPONDENT (BY SRI VINAY MAHADEVIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) 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.31/2026 OF NANJANGUD TOWN POLICE STATION, NANJANGUD, MYSURU DISTRICT PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, NANJANGUD IN CRIME NO.31/2026 PUNISHABLE UNDER SECTION 189 (2), 189 (4), 191 (2), 191 (3), 126 (2), 352, 351 (3), 79, 115 (2), 118 (1), 109 READ WITH SECTION 190 OF BHARATIYA NYAYA SANHITA (BNS), 2023. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010396282026 NC: 2026:KHC:38393 CRL.P No. 8331 of 2026 C/W CRL.P No. 8332 of 2026 CRL.P No. 8392 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.4 and 6 to 8 in Crime No.31 of 2026 registered by Nanjanagudu Town Police Station, Mysuru District, for offences punishable under Sections 189(2), 189(4), 191(2), 191(3), 126(2), 352, 351(3), 79, 115(2), 118(1), 109 & 190 of BNS, 2023 are before this Court in these three petitions filed under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the Learned counsel for the parties. 3. FIR in Crime No.31 of 2026 was registered by Nanjanagudu Town Police Station, Mysuru District for the aforesaid offences against one, Jafar and others, based on the first information dated 02.04.2026 received from Sri Saddam, son of Abdul Jabbar. Apprehending arrest in the said case, petitioners herein had approached the jurisdictional Sessions Court and their bail applications were rejected. Therefore, they are before this Court in these three petitions. - 5 - HC-KAR CNR: KAHC010396282026 NC: 2026:KHC:38393 CRL.P No. 8331 of 2026 C/W CRL.P No. 8332 of 2026 CRL.P No. 8392 of 2026 4. Learned counsel for the petitioners submits that, allegation as against petitioners and other accused are common in the first information. Accused nos.3 and 5 have been granted anticipatory bail by the Coordinate bench of this Court in Criminal Petition No.7377 of 2026 disposed of on 29.05.2026. Petitioners do not have any criminal antecedents and they are ready and willing to cooperate with the police for the purpose of investigation. 5. Per contra, learned HCGP who has opposed the petitions, however does not dispute the submission made by learned counsel for the petitioners. 6. Perusal of the material on record would go to show that, there is some ill will between the family members of the accused persons and the victims in the present case. It is in this background, they had fought against each other on 02.04.2026. Accused Nos.3 and 5, as against whom similar allegations are found in the FIR, have been already granted anticipatory bail by the Co-ordinate bench of this Court in Criminal Petition No.7377 of 2026 disposed of on 29.05.2026. - 6 - HC-KAR CNR: KAHC010396282026 NC: 2026:KHC:38393 CRL.P No. 8331 of 2026 C/W CRL.P No. 8332 of 2026 CRL.P No. 8392 of 2026 Under the circumstances, even the petitioners are entitled for said relief on the ground of parity. 7. Accordingly, the following:- ORDER (i) The Criminal Petitions are allowed. (ii) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.31 of 2026 registered by Nanjanagudu Town Police Station, Mysuru District, for offences punishable under Sections 189(2), 189(4), 191(2), 191(3), 126(2), 352, 351(3), 79, 115(2), 118(1), 109 & 190 of BNS, 2023, subject to the following conditions: 1. The petitioners shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the investigating officer/jurisdictional Court. - 7 - HC-KAR CNR: KAHC010396282026 NC: 2026:KHC:38393 CRL.P No. 8331 of 2026 C/W CRL.P No. 8332 of 2026 CRL.P No. 8392 of 2026 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioners shall not tamper with the prosecution witness and they shall co-operate with the Police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 53