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2026 DAILYLAW 37518 (KAR)

MR MOHAMMED MUKTHAR YANE v. THE STATE OF KARNATAKA

CRL.P/11754/2026 · 2026-08-28

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010535612026 NC: 2026:KHC:46716 CRL.P No. 11754 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. 11754 OF 2026 BETWEEN: MR. MOHAMMED MUKTHAR YANE MAKTAHAR YANE BOTTU (AS PER CHARGESHEET) MR. AHAMMAD MUKTAR @ MUKTAR (AS PER BAILREJECTED ORDER) S/O MOHAMMED RAFIQ AGED ABOUT 28 YEARS R/AT DOOR NO. 18-34/44 DHARMANAGARA BOTTU ULLALA VILLAGE, ULLAL TALUK MANGALURU CITY, DAKSHINA KANNADA DISTRICT, KARNATAKA - 575 020. …PETITIONER (BY SRI ARUNA BANGERA, ADV.) AND: THE STATE OF KARNATAKA BY POLICE SUB-INSPECTOR ULLALA POLICE STATION ULLALA MANGALURU CITY DAKSHINA KANNADA DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 01. …RESPONDENT (BY SRI R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER / ACCUSED NO.1 IN CONNECTION WITH CR.NO.188/2024 OF ULLALA P.S NOW PENDING AS S.C.NO.150/2025 ON THE FILE OF THE VI ADDL.DIST. AND SESSIONS JUDGE, D.K MANGALURU FOR THE OFFENCE P/U/S 126(2),115(2),351(2),109(1),118(2) R/W 3(5) OF BNS 2023. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010535612026 NC: 2026:KHC:46716 CRL.P No. 11754 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 No.1 in SC No.150/2025 pending before the Court of VI Addl. District and Sessions Judge, Dakshina Kannada, arising out of Crime No.188/2024 registered by Ullala Police Station, Mangaluru, for the offences punishable under Sections 126(2), 115(2), 351(2), 109(1), 118(2) and 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.188/2024 was registered by Ullala Police Station, Bengaluru, against the petitioner and two others based on the first information dated 06.10.2024 received from Anwar Hussain, who is the injured victim in the present case. During the course of investigation, petitioner was arrested on 03.11.2024 and remanded to judicial custody. After completing investigation, charge sheet is filed against two persons. Petitioner is arraigned as accused No.1 in the charge sheet. His - 3 - HC-KAR CNR: KAHC010535612026 NC: 2026:KHC:46716 CRL.P No. 11754 of 2026 bail application filed before the Trial Court in SC No.150/2025 was rejected on 29.06.2026. Therefore, he is before this Court. 4. A reading of the first information as well as charge sheet would go to show that accused persons in the present case had no ill will, motive or vengence against the first informant. It appears that on the alleged date of incident when accused Nos.1 and 2 were traveling in their motor bike, first informant asked them to go slowly and therefore, they returned with weapons and thereafter, abused and assaulted him causing injuries. As a result of the assault made by accused persons, first informant has suffered one grievous injury on his hand and other injuries suffered by him are all simple in nature. Grievous injury has been suffered by the first informant on his hand which is not a vital part of the body. Accused No.2, who was present along with accused No.1 at the time of assault, has been granted anticipatory bail in the present case. 5. Petitioner is in custody in the present case for the last nearly 20 months. Trial in the case is yet to commence. It is brought to the notice of this Court that petitioner is a person - 4 - HC-KAR CNR: KAHC010535612026 NC: 2026:KHC:46716 CRL.P No. 11754 of 2026 with criminal antecedents. The last criminal case registered against petitioner, prior to the present case was in the year 2022. Considering the aforesaid aspects of the matter and the stage of this case in which petitioner is in custody for the last 20 months, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.150/2025 pending before the Court of VI Addl. District and Sessions Judge, Dakshina Kannada, arising out of Crime No.188/2024 registered by Ullala Police Station, Mangaluru, for the offences punishable under Sections 126(2), 115(2), 351(2), 109(1), 118(2) and 3(5) of BNS, 2023, is 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 - 5 - HC-KAR CNR: KAHC010535612026 NC: 2026:KHC:46716 CRL.P No. 11754 of 2026 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 the said Court until the case registered against him is disposed off. f) The petitioner shall appear before the Station House Officer, Ullal Police Station, Bengaluru, on first Sunday of every month between 10.00 a.m. and 01.00 p.m. and mark his attendance, for a period of one year from the date of his release from custody. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 81