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2026 DAILYLAW 36993 (KAR)

MOHAMMED ISMAIL v. STATE BY

CRL.P/11708/2026 · 2026-08-28

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010533132026 NC: 2026:KHC:46652 CRL.P No. 11708 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11708 OF 2026 BETWEEN: 1. MOHAMMED ISMAIL S/O FAIZ AGED ABOUT 19 YEARS R/AT NO.07,3RD FLOOR MECKKA MASJID ROAD THIMMIAH ROAD SHIVAJINAGAR, BENGALURU. 2. MOHAMMED ASRAR S/O.LATE MOHAMMED ISMAIL AGED ABOUT 20 YEARS R/AT CARE OF INAYATHULLA HOUSE NO.24, LAL MASJID ROAD BANDI MOT SHIVAJINAGAR, BENGALURU. …PETITIONERS (BY SRI NARAYANA SWAMY M, ADV.) AND: STATE BY SHIVAJINAGAR P.S BANGALORE REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THE PETITIONERS, WHO ARE ACCUSED NO.1 AND 2, IN CRIME NO.155/2026, FOR OFFENCES U/S 109, R/W 3(5) OF BNS ACT 2023, OF SHIVAJINAGAR P.S., PENDING ON THE FILE OF THE HONBLE XTH ACJM AT BENGALURU, ON SUCH TERMS AND CONDITIONS THAT THIS HONBLE COURT DEEMS FIT TO THE FACTS AND CIRCUMSTANCES OF THE CASE. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010533132026 NC: 2026:KHC:46652 CRL.P No. 11708 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.1 and 2 in Crime No.155 of 2026 registered by Shivajinagar Police Station, Bengaluru City for offence punishable under Section 109 R/w Section 3(5) of BNS, 2023 are before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. FIR in Crime No.155 of 2026 was registered by Shivajinagar Police Station, Bengaluru City for the aforesaid offence against unknown three unknown persons, based on first information dated 06.07.2026, received from Sri Mohammed Faizan, who is the injured victim in the present case. During the course of investigation, the petitioners were arrested on 10.07.2026 and remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.25630 of 2026 was rejected on 25.07.2026. Therefore, they are before this Court. - 3 - HC-KAR CNR: KAHC010533132026 NC: 2026:KHC:46652 CRL.P No. 11708 of 2026 3. Perusal of the material on record would go to show that, accused persons are totally strangers to the first informant. On 06.07.2026, the accused persons were allegedly sitting near Shivajinagar Market and since the first informant was supspicious he went and enquired their whereabouts thereafter, a quarrel had taken place between the two parties and in the incident that had taken place, the accused allegedly had assaulted the victim Mohammed Faizan. 4. Learned HCGP has brought to the notice of this Court that injured victim has suffered only simple injuries in the incident in question. The petitioners who do not have any other criminal antecedents are in custody from 10.07.2026 onwards. Under the circumstances, the following: ORDER (i) Criminal petition is allowed. (ii) The petitioners are directed to be enlarged on bail in Crime No.155 of 2026 registered by Shivajinagar Police Station, Bengaluru City for offences punishable under Section 109 R/w Section 3(5) of BNS, 2023, subject to the following conditions:- - 4 - HC-KAR CNR: KAHC010533132026 NC: 2026:KHC:46652 CRL.P No. 11708 of 2026 a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future: Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 75