- 1 - HC-KAR CNR: KAHC010461522026 NC: 2026:KHC:42573 CRL.P No. 9896 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9896 OF 2026 BETWEEN: SRI SAYYED SAFATH S/O ADAM AGED ABOUT 25 YEARS R/AT DOOR NO.5-117 PUSHPANGANA COMPOUND MAIN ROAD, ULLAL PETE ULLAL, MANGALURU D.K. 575 020. …PETITIONER (BY SRI DEEPAK S. SHETTY, ADV.) AND: STATE BY MANGALURU SOUTH POLICE STATION, MANGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU. …RESPONDENT (BY SMT. RASHMI JADHAV, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.94/2026, REGISTERED BY THE MANGALURU SOUTH POLICE STATION, MANGALURU FOR THE OFFENCES P/U/S 312, 126(2), 115(2), 351(3), 352 OF THE BNS, 2023 PENDING ON THE FILE OF LEARNED II JMFC COURT, MANGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010461522026 NC: 2026:KHC:42573 CRL.P No. 9896 of 2026 ORAL ORDER 1. Accused in Crime No.94/2026 registered by Mangalore South Police Station, Mangaluru City, for the offences punishable under Sections 312, 126(2), 115(2), 351(3), 352 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.94/2026 was registered by Mangalore South Police Station, Mangaluru City, against two unknown persons based on the first information dated 17.05.2026 which is received from the alleged victim. In the said case, petitioner was arrested on 21.05.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.528/2026 was rejected on 24.06.2026. Therefore, petitioner is before this Court. 4. Learned Counsel for the petitioner submits that there was an altercation between the petitioner and the victim on 16.05.2026. Belatedly a false complaint has been filed against the petitioner. He is now in custody from 21.05.2026. Major - 3 - HC-KAR CNR: KAHC010461522026 NC: 2026:KHC:42573 CRL.P No. 9896 of 2026 portion of the investigation is completed. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP who has opposed the petition, submits that the incident in question is covered in the CCTV footage and the weapon used by the petitioner has been recovered. Petitioner is a person with criminal antecedents. Accordingly, she prays to dismiss the petition. 6. The incident in question allegedly had taken place at about 20.00 hours on 16.05.2026. FIR has been belatedly registered after a period of 24 hours from the alleged date of incident. In the first information which is filed after 24 hours of the alleged incident, it is clearly stated that two persons who came in a auto rickshaw had committed the crime in question. Petitioner was arrested on 21.05.2026 and his remand application would go to show that there is no mention of the second person involved in the alleged crime. Learned Addl. SPP also has fairly submitted that even in the CCTV, the presence of second person at the spot of crime is not found. - 4 - HC-KAR CNR: KAHC010461522026 NC: 2026:KHC:42573 CRL.P No. 9896 of 2026 7. The material on record would go to show that after the petitioner and the alleged victim had quarreled with each other, subsequently the petitioner has gone towards his auto rickshaw and the victim had followed him to the auto rickshaw and further quarreled with him. Therefore, a serious doubt arises with regard to the allegations now found in the first information which is registered belatedly. Major portion of the investigation is completed and the learned Addl. SPP has stated that the weapon allegedly used by the petitioner to commit the crime has been already seized. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.94/2026 registered by Mangalore South Police Station, Mangaluru City, for the offences punishable under Sections 312, 126(2), 115(2), 351(3), 352 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the - 5 - HC-KAR CNR: KAHC010461522026 NC: 2026:KHC:42573 CRL.P No. 9896 of 2026 likesum, to the satisfaction of the jurisdictional Court; 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. Sd/- (S VISHWAJITH SHETTY) JUDGE KK