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2026 DAILYLAW 33291 (KAR)

SUHAIL @ MOHAMMED SUHAIL v. THE STATE OF KARNATAKA

CRL.P/8908/2026 · 2026-07-31

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010422002026 NC: 2026:KHC:40087 CRL.P No. 8908 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8908 OF 2026 BETWEEN: SUHAIL @ MOHAMMED SUHAIL S/O AKRAM PASHA AGED ABOUT 23 YEARS OCC: PETTY BUSINESS R/O 5TH CROSS, ANWAR COLONY, BHADRVATHI SHIVAMOGGA DISTRICT - 577 301 …PETITIONER (BY SRI. P.B. UMESH, ADVOCATE) AND: THE STATE OF KARNATAKA BY HOSAMANE POLICE STATION, BHADRAVATHI TOWN CIRCLE, SHIVAMOGGA DISTRICT - 577 301 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU - 560 001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C. (FILED U/S 482 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010422002026 NC: 2026:KHC:40087 CRL.P No. 8908 of 2026 ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL IN CRIME NO.22/2026 OF HOSAMANE POLICE STATION, SHIVAMOGGA DISTRICT (REGISTERED FOR THE OFFENCES P/U/S 118(1), 115(2), 189(2), 189(4), 109(1), 352, 351(2), 191(2), 191(3), 61(2), 3(5), 190 BNS 2023 (CORRESPONDING PROVISIONS: SECTION 324, 323, 142/143, 144, 307, 504, 506, 147, 148, 120B R/W 34 IPC) IN THE EVENT OF THE ARREST WITH SUCH CONDITIONS PENDING BEFORE ADDITIONAL CIVIL JUDGE AND JMFC-3, BHADRAVATHI, WHICH THIS HONBLE HIGH COURT DEEMS FIT TO BE IMPOSED IN THE CIRCUMSTANCES OF THE CASE. 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.6 in Crime No.22/2026 registered by Hosamane Police Station, Shivamogga for the offences punishable under Section 118(1), 115(2), 189(2), 189(4), 109(1), 352, 351(2), 191(2), 191(3), 61(2), 3(5) and 190 of BNS, 2023, is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail. - 3 - HC-KAR CNR: KAHC010422002026 NC: 2026:KHC:40087 CRL.P No. 8908 of 2026 2. Heard the learned counsel for the parties. 3. FIR in Crime No.22/2026 was registered by Hosamane Police Station, Shivamogga for the aforesaid offences against one Shafi and others, based on the first information dated 06.02.2026 received from Abdul Haseeb Khan, who is the injured victim in the present case. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.5077/2026 before the jurisdictional Sessions Court which was rejected on 24.04.2026. Therefore, he is before the Court. 4. Perusal of the material on record would go to show that there was a dispute between the first informant and accused Nos.1 and 2. Therefore, accused No.1 had summoned the first informant to the house of local MLA for the purpose of settlement of the dispute. 5. A reading of the first information would go to show that first informant had gone near the house of the local MLA, armed with a weapon and it is in this - 4 - HC-KAR CNR: KAHC010422002026 NC: 2026:KHC:40087 CRL.P No. 8908 of 2026 background, there was a fight between the parties. Allegation of assaulting the injured victim/first informant with weapon is found against accused Nos.1 and 2. Insofar as the other accused persons are concerned, they allegedly had assaulted the victim with hands. 6. Learned High Court Government Pleader has brought to the notice of the Court that the petitioner is a person with criminal antecedent. 7. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following : O R D E R The criminal petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest - 5 - HC-KAR CNR: KAHC010422002026 NC: 2026:KHC:40087 CRL.P No. 8908 of 2026 in Crime No.22/2026 registered by Hosamane Police Station, Shivamogga for the offences punishable under Section 118(1), 115(2), 189(2), 189(4), 109(1), 352, 351(2), 191(2), 191(3), 61(2), 3(5) and 190 of BNS, 2023, subject to the following conditions: a) Petitioner 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. b) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c) Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. - 6 - HC-KAR CNR: KAHC010422002026 NC: 2026:KHC:40087 CRL.P No. 8908 of 2026 d) Petitioner shall not involve in similar offences in future; e) Petitioner shall appear before the Station House Officer (S.H.O) of Hosamane Police Station, Shivamogga on every first and third Sunday of the month between 10.00 a.m. and 01.00 p.m. and mark his attendance regularly till the investigation of the case is completed and charge sheet is filed. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 72