- 1 - HC-KAR CNR: KAHC010453682026 NC: 2026:KHC:42010 CRL.P No. 9701 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9701 OF 2026 BETWEEN: MR. ARIF @ MOHAMMED SYED S/O NAZRULLA @ MUMIN AGED ABOUT 25 YEARS R/O MAIN ROAD, LAKSHAR MOHALLA SHIVAMOGGA, PIN - 577 201. …PETITIONER (BY SRI MALATESH H, ADV.) AND: THE STATE - THROUGH THE SUB-INSPECTOR OF POLICE KOTE POLICE STATION SHIVAMOGA (REPRESENTED BY THE SPP) HIGH COURT OF KARNATAKA BANGALORE - 01. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT AN ORDER OF REGULAR BAIL TO THE PETITIONER IN CONNECTION WITH S.C.NO.170/2024 OF KOTE P.S. SHIVAMOGGA AND PENDING ON THE FILE OF THE I ADDL.SESSIONS JUDGE AT SHIVAMOGGA FOR THE OFFENCE P/U/S 120B,143,144,147,148,302,324,427 R/W 149 OF IPC AND SET ASIDE THE ORDER DATED 26.06.2025 IN CRL.MISC.NO.5152/2025 BY THE I ADDL.SESSIONS JUDGE SHIVAMOGGA. 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 - 2 - HC-KAR CNR: KAHC010453682026 NC: 2026:KHC:42010 CRL.P No. 9701 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.12 in Crime No.75/2024 registered by Kote Police Station, Shivamogga District, for the offences punishable under Sections 120B, 143, 144, 147, 148, 302, 324, 427 read with 149 IPC, 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.75/2024 was registered by Kote Police Station, Shivamogga District, against one Yaseen Kureshi and others based on the first information dated 08.05.2024 received from Smt. Shafinaaz - mother of deceased Shoyab. After completing investigation in the said case, charge sheet has been filed against 17 persons and petitioner is arrayed as accused no.12 in the charge sheet who was arrested in the said case on 21.05.2026 and remanded to judicial custody. His bail application filed before the Trial Court in Crl. Misc. No.542/2026 was rejected on 25.06.2026. Therefore, petitioner is before his Court. - 3 - HC-KAR CNR: KAHC010453682026 NC: 2026:KHC:42010 CRL.P No. 9701 of 2026 4. The material on record would go to show that there is a case and counter case in respect of the alleged incident that had taken place on 08.05.2026. Charge sheet has been filed in the present case against 17 persons. The allegation in the charge sheet is that on 08.05.2026, accused nos.1 to 17 having formed an unlawful assembly armed with deadly weapons, had assaulted the deceased persons in front of Shankareshwari Bakery near Janatha Mutton Stall of Lashkar Mohlalla. The allegation against accused nos.11 to 17 in the charge sheet is that they had dropped stones on deceased Syed Gouse and Shoyab. Accused nos.4, 5 & 7 to 10 had assaulted the deceased with weapons and as a result of the said assault, the deceased had fallen on the ground, and thereafter, accused nos.11 to 17 allegedly had dropped stones on them. 5. Accused persons who have assaulted the deceased with deadly weapons have been granted regular bail by this Court. Accused no.4 has been granted bail by the coordinate bench of this Court in Crl.P.No.12448/2025 disposed of on 14.11.2025. In paragraphs 6 & 7 of the said order, it is observed as under: - 4 - HC-KAR CNR: KAHC010453682026 NC: 2026:KHC:42010 CRL.P No. 9701 of 2026 "6. The incident has taken place on 08.05.2024 at 5.30 p.m. The mother of deceased Shoaib @ Sebu @ Khalander has filed first information and on basis of the same case came to be registered in Crime No.75/2024 for the offence punishable under Sections 143, 144, 147, 148, 302 read with 149 of IPC against five persons and 15 to 20 others. The name of this petitioner/accused No.4 is not shown in the FIR and complaint. The petitioner has been arrested on 12.05.2024. CWs.2 to 4 are stated to be eye witnesses to the incident and their statements are recorded after arrest of this petitioner on 12.05.2024. The incident has taken place on 08.05.2024 and statement of eye witnesses are recorded on 12.05.2024. The delay in recording the statement of eye witnesses has not been forthcoming from the charge sheet records. 7. There is no individual recovery from this petitioner. The recovery of long-chopper and dagger and other articles is at the instance of this petitioner and other accused and it is a joint recovery. The petitioner is in judicial custody since 12.05.2024 and as the charge sheet is filed the petitioner is not required for custodial interrogation. Accused Nos.5, 7 to 10, 15 and 17 have already been granted bail. There are no criminal antecedents of the petitioner. The petitioner has undertaken to abide by conditions to be imposed by this Court. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions." - 5 - HC-KAR CNR: KAHC010453682026 NC: 2026:KHC:42010 CRL.P No. 9701 of 2026 6. Subsequently, accused nos.2 & 5 have been granted regular bail by the coordinate bench of this Court in Crl.P.No.17595/2025 disposed of 29.01.2026. 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: 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.75/2024 registered by Kote Police Station, Shivamogga District, for the offences punishable under Sections 120B, 143, 144, 147, 148, 302, 324, 427 read with 149 IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the 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; - 6 - HC-KAR CNR: KAHC010453682026 NC: 2026:KHC:42010 CRL.P No. 9701 of 2026 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 KK