- 1 - HC-KAR CNR: KAHC010475952026 NC: 2026:KHC:44046 CRL.P No. 10270 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10270 OF 2026 BETWEEN: MOHAMMED IMTHIYAZ S/O HASANABBA AGED ABOUT 28 YEARS RESIDING AT BELMA, RENJADI AMBLAMOGARU, DERELAKATTE MANGALURU TALUK DAKSHINA KANNADA DISTRICT - 575 001. …PETITIONER (BY SRI DHANANJAY KUMAR, ADV.) AND: STATE OF KARNATAKA BY BARKE POLICE STATION MANGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 575 001. …RESPONDENT (BY SRI RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON REGULAR BAIL IN CR.NO.107/2017 (SC.NO.159/2025) REGISTERED BY BARKE P.S., PENDING BEFORE THE III ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, FOR THE OFFENCES P/U/S 323,324,353,504,506,307 R/W 34 OF IPC. 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: KAHC010475952026 NC: 2026:KHC:44046 CRL.P No. 10270 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.3 in S.C.No.159 of 2025 pending before the Court of III Addl. District & Sessions Judge, Dakshina Kannada, Mangaluru, arising out of Crime No.107 of 2017 Barke Police Station, Mangaluru city, for offences punishable under Sections 323, 324, 353, 504, 506 & 307 R/w Section 34 of IPC is before this Court in this petition filed under Section 483 of the BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.107 of 2017 was registered by Barke Police Station, Mangaluru City Dakshina Kannada District against Mohammed Rafiq and others, based on the first information dated 14.07.2017, received from Sri B R Andani who is the in-charge Superintendent of District Prison. After completing investigation of the said case, charge sheet has been filed against four persons and petitioner herein is arraigned as accused no.3 in the charge sheet. Petitioner had voluntarily appeared before the committal Court on 12.08.2024 - 3 - HC-KAR CNR: KAHC010475952026 NC: 2026:KHC:44046 CRL.P No. 10270 of 2026 and he was taken to custody. Subsequently, his case was committed to jurisdictional Sessions Court and numbered in S.C.No159 of 2025. His bail application filed before the Trial Court in S.C.No.159 of 2025 was rejected on 28.02.2026. Therefore, he is before this Court. 4. A reading of the first information dated 14.07.2017 would reveal that, on 13.07.2017 at 06.00 p.m, accused no.1 named in the FIR had fought with other under trial prisoner and when the first informant and another staff of jail tried to intervene they allegedly abused them and obstructed them from performing their duty. It is in this background, FIR was registered against Mohammed Rafiq and others. 5. It is not in dispute that, petitioner's name is not found in the FIR. In the main case in which petitioner was arrested and is in custody as on the date of incident, he was subsequently released. Thereafter, in the charge sheet which is filed in the present case, he is arraigned as accused no.3. After he came to know about the same, petitioner had voluntarily surrendered before the committal Court on 12.08.2024 and on - 4 - HC-KAR CNR: KAHC010475952026 NC: 2026:KHC:44046 CRL.P No. 10270 of 2026 the said day, he was remanded to judicial custody. In the other two cases which were registered against the petitioner in the year 2016-17, he has been enlarged on bail. Insofar as the present case is concerned, he is in custody for the last two years. It is brought to the notice of this Court that, even as on this date, charges are not framed in the present case. 6. Considering the nature of allegations as against the petitioner in the present case and his period of incarceration, I am of the opinion that the prayer made by him for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER (i) Criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in S.C.No.159 of 2025 pending before the Court of III Addl. District & Sessions Judge, Dakshina Kannada, Mangaluru, arising out of Crime No.107 of 2017 of Barke Police Station, Mangaluru city, for offences punishable under Sections 323, 324, 353, 504, 506 - 5 - HC-KAR CNR: KAHC010475952026 NC: 2026:KHC:44046 CRL.P No. 10270 of 2026 & 307 R/w Section 34 of IPC, subject to the following conditions: a) The petitioner shall execute 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 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 NMS List No.: 1 Sl No.: 49