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2026 DAILYLAW 42046 (KAR)

AJMAL @ AJMAL PASHA v. STATE OF KARNATAKA

CRL.A/1544/2026 · 2026-09-21

G Basavaraja

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010639422026 NC: 2026:KHC:51992 CRL.A No. 1544 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.1544 OF 2026 (U/S 14(A)(2)) BETWEEN: 1. AJMAL @ AJMAL PASHA S/O LATE AKBAR PASHA, AGED ABOUT 34 YEARS, R/AT DODDAKATURU VILLAGE, JAYAPURA HOBLI, MYSURU TALUK, MYSURU - 571 311. …APPELLANT (BY SRI. GIRISH R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY JAYAPURA PS MYSURU DISTRICT NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. KIRAN S/O LATE PUTTAMADAIAH, AGED ABOUT 24 YEARS, R/AT DODDAKATURU VILLAGE, MYSURU DISTRICT, MYSURU - 571 311. …RESPONDENTS (BY SRI. K.NAGESHWARAPPA, HCGP FOR R1; R2 IS CALLED OUT - NOT PRESENT, NOTICE SERVED BUT UNREPRESENTED) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010639422026 NC: 2026:KHC:51992 CRL.A No. 1544 of 2026 THIS CRL.A. IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT PRAYING TO ALLOW THE PRESENT CRIMINAL APPEAL AND SET ASIDE THE ORDER DATED 31.08.2026 PASSED BY THE HON'BLE VI ADDL. DISTRICT AND SESSIONS JUDGE, MYSURU, REJECTING HIS APPLICATION FOR REGULAR BAIL IN CRIME NO.131/2026, AND ENLARGE THE APPELLANT/ACCUSED NO.8 ON REGULAR BAIL IN CRIME NO.131/2026 OF JAYAPURA POLICE STATION, MYSURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 118(1), 115(2), 109, 324(2), 74, 54, 351(3) AND 352 R/W 190 OF THE BHARATIYA NYAYA SANHITA, 2023 AND SECTIONS 3(1)(r), 3(1)(s) AND 3(2)(va) OF SCHEDULED CASTES AND SCHEDULED TRIBE (PREVENTION OF ATROCITIES) ACT, 1989, PENDING ON THE FILE OF THE HON'BLE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, UPON SUCH TERMS AND CONDITIONS AS THIS HON'BLE COURT DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010639422026 NC: 2026:KHC:51992 CRL.A No. 1544 of 2026 CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant has preferred this appeal against the order dated 31.08.2026 passed by the VI Additional District and Special Judge, Mysuru in Crime No.131/2026. 2. On the basis of the complaint filed by one Kiran, Jayapura Police, Mysuru have registered a case in Crime No.131/2026 against accused nos.1 to 13 for the commission of offences under Sections 189(2), 191(2), 191(3), 118(1), 115(2), 109, 324(4), 74, 54, 351(3), 352 R/W 190 of Bharatiya Nyaya Sanhita, 2023 and under Sections 3(1)(r)(s)(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. Accused no.8, who is the appellant in this case, was arrested on 15.07.2026 and was remanded to judicial custody. An application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Same came to - 4 - HC-KAR CNR: KAHC010639422026 NC: 2026:KHC:51992 CRL.A No. 1544 of 2026 be dismissed on 31.08.2026. Being aggrieved by the said order, the appellant has preferred the present appeal. 3. It is submitted by the learned counsel for the appellant that all the accused, except accused no.8 (appellant herein), are released on anticipatory bail as per order dated 09.09.2026 in Crl.Misc.No.1305/2026 on the file of the VI Additional District and Sessions Judge, Mysuru. The copy of the daily status is also produced. 4. It is submitted by the Learned HCGP Sri.K.Nageshwarappa that, the investigation is already completed and charge sheet is filed against the accused for the offences under Sections 189(2), 191(2), 191(3), 118(1), 115(2), 109, 324(4), 74, 54, 351(3), 352, 190 of BNS, 2023, u/s 3(1)(r)(s), 3(2)(va) of SC/ST (POA) Amendment Act, 2015. Appellant/accused no.8 is not required for further investigation. - 5 - HC-KAR CNR: KAHC010639422026 NC: 2026:KHC:51992 CRL.A No. 1544 of 2026 5. Considering the nature and gravity of the offence, prior antecedents of accused no.8 and the release of other accused as per order dated 09.09.2026 in Crl.Misc.No.1305/2026, I am of the opinion that it is just and proper to allow this appeal with conditions. Accordingly, I proceed to pass the following: ORDER (i) The appeal is allowed; (ii) The order passed by the VI Additional District and Special Judge, Mysuru in Crime No.131/2026 dated 31.08.2026 is hereby set aside; (iii) Consequently, application filed under Section 483 of BNSS, 2023 by the appellant herein is hereby allowed; (iv) The appellant shall be released on bail on executing a self-bond of Rs.50,000/- with one surety for like-sum to the satisfaction of the trial Court; - 6 - HC-KAR CNR: KAHC010639422026 NC: 2026:KHC:51992 CRL.A No. 1544 of 2026 (v) The appellant shall not tamper or threaten the prosecution witnesses in any manner; (vi) The appellant shall appear before the trial Court on all the dates of hearing; (vii) Registry is directed to communicate this order to the concerned trial Court. Sd/- (G BASAVARAJA) JUDGE PGG List No.: 1 Sl No.: 5