- 1 - HC-KAR CNR: KAHC010523902026 NC: 2026:KHC:46807 CRL.P No. 11475 of 2026 C/W CRL.P No. 9865 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. 11475 OF 2026 C/W CRIMINAL PETITION NO. 9865 OF 2026 IN CRL.P No. 11475/2026 BETWEEN: ISMAIL ZABIULLA S/O. FAYAZ AHMED, AGED ABOUT 34 YEARS, R/AT NO.41, 7TH MAIN SHAMANNA NAGAR MYSORE ROAD BANGALORE -560 026 AADHAAR UID NO - 7263 7222 3330 …PETITIONER (BY SRI. AKMAL PASHA Z., ADVOCATE FOR SRI. AKASH R., ADVOCATE) AND: STATE OF KARNATAKA BY BYATARAYANAPURA PS REP. BY HIGH COURT GOVERNMENT PLEADER, HIGH COURT BUILDING BANGALORE - 560 001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010523902026 NC: 2026:KHC:46807 CRL.P No. 11475 of 2026 C/W CRL.P No. 9865 of 2026 THIS CRL.P IS FILED U/S 439 CR.P.C. (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONERS /ACCUSED NO.3 ON BAIL IN CR.NO.183/2026 OF BYATARAYANAPURA P.S. FOR THE OFFENCES P/U/S 103(1), 109 OF BNS 2023, PENDING BEFORE THE HONBLE 46TH ACJM, BENGALURU. IN CRL.P NO. 9865/2026 BETWEEN: SMT ARABIA KOUSAR W/O MOHAMMED AKBAR AGED ABOUT 24 YEARS RESIDING AT NO. 18 G S FARVEEZ KHAN MANJIL 7TH CROSS, SHAMANNA GARDEN MYSORE ROAD BENGALURU CITY ...PETITIONER (BY SRI. A.N. RADHA KRISHNA, ADVOCATE) AND: THE STATE OF KARNATAKA BY BYATARAYANAPURA POLICE BENGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BILIDINGS BENGALURU - 560 001 ...RESPONDENT (BY SRI. RANGASWAMY R., ADVOCATE) - 3 - HC-KAR CNR: KAHC010523902026 NC: 2026:KHC:46807 CRL.P No. 11475 of 2026 C/W CRL.P No. 9865 of 2026 THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HER BAIL IN CR.NO.183/2026 OF BYTARAYANAPURA POLICE, FOR OFFENCE P/US/ 103(1) R/W SEC.190 OF BNS 2023 NOW PENDING ON THE FILE OF THE LEARNED XLVI ADDL CJM AT BENGALURU. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 3 in Crime No.183 of 2026 registered by Byatarayanapura Police Station, Bengaluru City for the offences punishable under Section 103(1), 115(2), 127(2), 352 read with Section 3(5) of BNS, 2023, are before this Court in these two petitions filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.183 of 2026 registered by Byatarayanapura Police Station, Bengaluru City for the - 4 - HC-KAR CNR: KAHC010523902026 NC: 2026:KHC:46807 CRL.P No. 11475 of 2026 C/W CRL.P No. 9865 of 2026 offences punishable under Sections 103(1) and 190 of BNS, 2023 against Arbiya and others, based on the first information dated 26.05.2026 received from Mohammed Imran, father of the deceased, Mohammed Rafiq. During the course of investigation, accused No.1 was arrested on 27.05.2026 and accused No.3 was arrested on 29.05.2026. Subsequently, they were remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court was rejected. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that accused No.1-Smt. Arbiya is the wife of accused No.2 and accused No.3 is the brother of accused No.2. 5. Perusal of the charge sheet material would reveal that the deceased Mohammed Kashif had illicit relationship with accused No.1, who is the wife of accused No.2. On 25.05.2026, the deceased had visited the house of accused No.1 and when the deceased was in the house - 5 - HC-KAR CNR: KAHC010523902026 NC: 2026:KHC:46807 CRL.P No. 11475 of 2026 C/W CRL.P No. 9865 of 2026 of accused No.1 at about 06.10 p.m., accused No.2 returned home. After seeing the deceased Mohammed Kashif in his house, accused No.2, who is the husband of accused No.1, quarreled with him and thereafter confined him in his house and summoned accused Nos.3 to 5, who are his relatives. After accused Nos.3 to 5 came to the house of accused No.2, they allegedly abused and assaulted the deceased. 6. In the charge sheet, it is alleged that accused No.2 dashed the head of Mohammed Kashif against the wall of his house multiple times and accused Nos.3 to 5 assaulted Mohammed Kashif with their hands on his back, shoulders and other parts of his body. Subsequently, CW1, 7, 11, 12, 18 and 19 intervened and rescued Mohammed Kashif. Thereafter, Mohammed Kashif had returned to his house and on the next day, since he was suffering from body pain, he went to the hospital at Ramanagar and while undergoing treatment in the said hospital, he breathed his last. The post mortem report of the deceased Mohammed - 6 - HC-KAR CNR: KAHC010523902026 NC: 2026:KHC:46807 CRL.P No. 11475 of 2026 C/W CRL.P No. 9865 of 2026 Kashif would reveal that death was due to cardio respiratory failure as a result of Subarachnoid haemorrhage with Cerebral Edema, highly likely to be due to injuries sustained. 7. Allegation against accused No.1 is that she had assaulted deceased with a broom stick and accused No.3 allegedly assaulted the deceased with his hands. 8. It is not in dispute that accused Nos.1 and 3 do not have any criminal antecedents. Accused No.2, who is the husband of accused No.1 is already arrested and remanded to judicial custody. Investigation of the case is now completed and charge sheet is filed. 9. Considering the nature of allegations found against the accused persons and the back ground in which the incident in question had taken place, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to answered affirmatively, subject to appropriate condition. Accordingly, the following: - 7 - HC-KAR CNR: KAHC010523902026 NC: 2026:KHC:46807 CRL.P No. 11475 of 2026 C/W CRL.P No. 9865 of 2026 O R D E R (i) The Criminal Petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.183 of 2026 registered by Byatarayanapura Police Station, Bengaluru City for the offences punishable under Section 103(1), 115(2), 127(2), 352 read with Section 3(5) of BNS, 2023, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties, out of which, one shall be local surety, 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; - 8 - HC-KAR CNR: KAHC010523902026 NC: 2026:KHC:46807 CRL.P No. 11475 of 2026 C/W CRL.P No. 9865 of 2026 d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 11