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2026 DAILYLAW 35096 (KAR)

YASIR KHAN F v. STATE OF KARNATAKA

CRL.P/9621/2026 · 2026-08-13

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010450532026 NC: 2026:KHC:43428 CRL.P No. 9621 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9621 OF 2026 BETWEEN: YASIR KHAN F S/O FIROZ KHAN AGED 31 YEARS RESIDING AT NO.154/2 HOSUR MAIN ROAD LEFT SIDE, HSR LAYOUT SECTOR - 7 BOMMANAHALLI BENGALURU SOUTH BENGALURU - 560 068. …PETITIONER (BY SRI V.P. KULKARNI, ADV.) AND: STATE OF KARNATAKA BY BAGALURU POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-01 …RESPONDENT (BY SMT. RASHMI JADHAV, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST ARISING OUT OF CR.NO.151/2026 REGISTERED BY BAGALUR P.S., FOR THE OFFENCES P/U/S 137(2) AND 310(2) OF IPC, PENDING BEFORE THE CIVIL JUDGE AND JMFC, DEVANAHALLI. 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: KAHC010450532026 NC: 2026:KHC:43428 CRL.P No. 9621 of 2026 ORAL ORDER 1. Accused no.4 in Crime No.151 of 2026 registered by Bagalur Police Station, Bengaluru City for the offence punishable under Sections 137(2) & 310(2) of BNS, 2023 is 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.151 of 2026 was registered by Bagalur Police Station, Bengaluru City for the aforesaid offences against 5-6 unknown persons, based on the first information dated 22.05.2026 received from Sri Mohammad Rafiq, who is the alleged victim in the present case. Apprehending arrest in the present case, the petitioner had filed Crl.Misc.No.15123 of 2026 before the jurisdictional Sessions Court, which was rejected on 12.06.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that, the accused who are arrested in the present case are not named in the FIR. The weapons used to commit the crime are all - 3 - HC-KAR CNR: KAHC010450532026 NC: 2026:KHC:43428 CRL.P No. 9621 of 2026 recovered. Though FIR is registered only as against 5-6 unknown persons, remand application is now filed as against 9 persons and others. The petitioner has been falsely implicated in the present case. He is ready and willing to cooperate with the police. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP, who has opposed the petition submits that, the petitioner is from Kerala State and his presence would be required for the purpose of test identification parade. She submits that, as against the other accused persons, who are arrested in the present case, the test identification parade is already held. Accordingly, she prays to dismiss the petition. 6. FIR in the present case was registered against 5-6 unknown persons, based on the first information submitted by the alleged victim. In the first information, it is stated that, on the intervening night of 21.05.2026 and 22.05.2026, 5 to 6 persons who came in a Benz car had intercepted the car, in which the first informant and his friend were travelling and the said accused persons had allegedly snatched the mobile phone - 4 - HC-KAR CNR: KAHC010450532026 NC: 2026:KHC:43428 CRL.P No. 9621 of 2026 belonging to the first informant and also cash of ₹.21,000/-. Subsequently, they asked the first informant to contact his friend and when the first informant called his friend Jabir, he came to the spot and thereafter accused allegedly took the first informant and Jabir along with them and demanded money, after threatening them with dire consequences to their life. They also allegedly assaulted the first informant and his friend Jabir. It is under these circumstances, FIR was registered in the present case against 5-6 unknown persons. During the course of investigation, some of the accused have been arrested in the present case. It is not in dispute that, accused no.5 has been already granted regular bail in the present case by the jurisdictional Sessions Court in Crl.Misc.No.15122 of 2026 on 16.06.2026. 7. The petitioner, aged 31 years has no other criminal antecedents. Though in the FIR it is stated that, 5-6 unknown persons had come in the Benz car, in the remand application of arrested accused, nine accused are named and petitioner is arraigned as accused no.4. Since the weapons used to commit the crime and mobile phone of the first informant, which was - 5 - HC-KAR CNR: KAHC010450532026 NC: 2026:KHC:43428 CRL.P No. 9621 of 2026 allegedly snatched by the accused persons are already recovered in the present case. Petitioners custodial interrogation may not required in the present case and he has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, the following order: ORDER (i) The Criminal Petition is allowed. (ii) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.151 of 2026 registered by Bagalur Police Station, Bengaluru City for the offence punishable under Sections 137(2) & 210(2) of BNS, 2023, subject to the following conditions:- 1. The petitioner 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) with two sureties for the likesum to the satisfaction of the investigating officer/jurisdictional Court. - 6 - HC-KAR CNR: KAHC010450532026 NC: 2026:KHC:43428 CRL.P No. 9621 of 2026 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The 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. 4. The petitioner shall not involve in similar offences in future. 5. The petitioner is directed to appear before the Station House Officer of Bagalur Police Station, between 10.00 a.m. and 1.00 p.m, on every first and third Sunday of the month, till the investigation of the case is complete and charge sheet is filed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 46