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2026 DAILYLAW 37337 (KAR)

MOHAMMED PEER v. STATE OF KARNATAKA

CRL.P/12106/2026 · 2026-08-29

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010548232026 NC: 2026:KHC:46975 CRL.P No. 12106 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12106 OF 2026 BETWEEN: MOHAMMED PEER S/O ABDUL RIYAZ AGED ABOUT 43 YEARS RESIDING AT NO.220 OPP. BALAJI CHICKEN CENTER MARUTHI NAGAR CHIKKABANAVARA BENGALURU - 560 090. …PETITIONER (BY SRI RAMAKRISHNA T.R, ADV.) AND: STATE OF KARNATAKA BY CHIKKABANAVARA POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO SECURE THE RECORDS IN CR.NO.67/2026 IN CHIKKABANAVARA P.S. BENGALURU CITY ON THE FILE OF 54TH A.C.J.M AT BENGALURU CITY DIRECT RELEASE OF THE PETITIONER ON REGULAR BAIL IN CR.NO.67/2026 OF RESPONDENT POLICE. 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: KAHC010548232026 NC: 2026:KHC:46975 CRL.P No. 12106 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.67/2026 registered by Chikkabanavara Police Station, Bengaluru City, for the offences punishable under Sections 109, 85 of BNS, 2023, is before this Court in this petition filed udner Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.67/2026 was registered by Chikkabanavara Police Station, for the aforesaid offences against the petitioner herein based on the first information dated 08.07.2026 received from Haseena - second wife of the petitioner. During the course of investigation, petitioner was arrested on 09.07.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.7013/2026 was rejected on .29.07.2026. Therefore, petitioner is before this Court. 4. Perusal of the material on record would go to show that petitioner is the son of maternal aunt of the first informant. - 3 - HC-KAR CNR: KAHC010548232026 NC: 2026:KHC:46975 CRL.P No. 12106 of 2026 They were in love with each other for a period of 16 years. In the meanwhile, petitioner had married his relative Rizwan Taj and from the said wedlock, they have two children. Subsequently, with the consent of Rizwan Taj, he also had married the first informant in the present case. 5. The allegation in the first information is that on 07.07.2026, petitioner who had not gone for work was found smoking cigarette in his house. It is alleged that since the first informant was pregnant, he raised a quarrel with her stating that he did not want another child. The allegation is that after quarrelling with his wife, he allegedly tried to strangulate her neck with the veil that she was wearing and tried to commit her murder. Immediately after the incident, the first informant had gone to the hospital and her wound certificate would go to show that she had suffered some tenderness and contusion near her neck and the said injuries are found to be simple in nature. 6. Petitioner is a married man with two children. He is in custody from 09.07.2026. Major portion of the investigation is - 4 - HC-KAR CNR: KAHC010548232026 NC: 2026:KHC:46975 CRL.P No. 12106 of 2026 completed. The medical records would reveal that the petitioner is a heart patient. Considering the aforesaid aspects of the matter, 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.67/2026 registered by Chikkabanavara Police Station, Bengaluru City, for the offences punishable under Sections 109, 85 of BNS, 2023, 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; d) The petitioner shall not involve in similar offences in future; - 5 - HC-KAR CNR: KAHC010548232026 NC: 2026:KHC:46975 CRL.P No. 12106 of 2026 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