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2026 DAILYLAW 35812 (KAR)

SRI TOUSIFF PASHA v. STATE OF KARNATAKA

CRL.P/12907/2026 · 2026-08-24

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010584342026 NC: 2026:KHC:45467 CRL.P No. 12907 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12907 OF 2026 BETWEEN: SRI TOUSIFF PASHA S/O LIYAKAT PASHA AGED ABOUT 20 YEARS R/AT NO.567, MAHADEVAPURA MAIN ROAD, AZEEZ SAIT NAGARA MYSURU CITY - 570 019. …PETITIONER (BY SRI GAURAV SUBRAMANYAM, ADV.) AND: STATE OF KARNATAKA BY UDAYAGIRI POLICE STATION MYSURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.107/2026 REGISTERED BY THE RESPONDENT NO.1 IN UDAYAGIRI P.S., MYSORE, FOR THE OFFENCES P/U/S 109,352 R/W 3(5) OF BNS, PENDING BEFORE THE HONBLE II ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, AT MYSORE. 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: KAHC010584342026 NC: 2026:KHC:45467 CRL.P No. 12907 of 2026 ORAL ORDER 1. Accused no.1 in Crime No.107 of 2016 registered by Udayagiri Police Station, Mysuru City for offences punishable under Sections 109 & 352 R/w Section 3(5) 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.107 of 2016 was registered by Udayagiri Police Station, Mysuru City for the aforesaid offences against the petitioner and another, based on the first information dated 25.05.2026 received from Smt. Noor Janu, mother of injured victim Fahad Ahmed. During the course of investigation, petitioner was arrested on 26.05.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.1059 of 2026 was rejected on 14.08.2026. Therefore, he is before this Court. 4. Perusal of the averments found in the first information would go to show that, allegations against accused nos.1 and 2 are similar in nature. Accused nos.1 and 2 were - 3 - HC-KAR CNR: KAHC010584342026 NC: 2026:KHC:45467 CRL.P No. 12907 of 2026 arrested on 26.05.2026 and remanded to judicial custody. Accused no.2 had approached this Court in Criminal Petition No.10828 of 2026, which was allowed on 17.08.2026. In paragraph no.4 of the order passed in Criminal Petition No.10828 of 2026, it is observed as follows: "In the first information dated 25.05.2026, it is stated that accused and victim are friends. On 24.05.2026, petitioner and another accused were found quarrelling with some other boys and the first informant had intervened. Therefore, accused persons had developed vengeance against the victim Fahad Ahmmed and subsequently, they had come near his house and after taking him out under the pretext of talking to him, allegedly had assaulted him with weapons causing grievous injuries. Injured victim, who was admitted in the Hospital has been discharged and his condition is said to be stable. Petitioner aged 19 years is in custody from 26.05.2026. Major portion of the investigation is completed. He has no other criminal antecedents. His continued detention along with hard core criminals may have an adverse impact on his mindset." 5. The petitioner aged 20 years is in custody from 26.05.2026 onwards. It is submitted by learned counsel for the - 4 - HC-KAR CNR: KAHC010584342026 NC: 2026:KHC:45467 CRL.P No. 12907 of 2026 petitioner that the petitioner has no other criminal antecedents. Accordingly, the following order:- 6. The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.107/2026 registered by Udayagiri Police Station, Mysuru, for the offences punishable under Sections 109, 352 read with Section 3(5) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a 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; 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 - 5 - HC-KAR CNR: KAHC010584342026 NC: 2026:KHC:45467 CRL.P No. 12907 of 2026 the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 47