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2026 DAILYLAW 42160 (KAR)

SRI. JAFFER SADIK I v. STATE BY

CRL.P/13345/2026 · 2026-09-24

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010601342026 NC: 2026:KHC:52903 CRL.P No. 13345 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13345 OF 2026 BETWEEN: SRI JAFFER SADIK I S/O IBRAHIM AGED ABOUT 27 YEARS R/AT NEEROLIKE HOUSE KOLIYOOR, KOLIYOOR POST VIA MANJESHAR KOLIYOOR KASARAGOD, KERALA - 671 323. …PETITIONER (BY SRI SHETTY DEEPAK, ADV.) AND: STATE BY KORAMANGALA POLICE STATION, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P I FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.227/2026 REGISTERED BY THE KORAMANGALA POLICE STATION, BENGALURU FOR THE OFFENCES P/U/S 117(3) OF BNS, PENDING ON THE FILE OF THE LRD. XXXIX ACMM COURT, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010601342026 NC: 2026:KHC:52903 CRL.P No. 13345 of 2026 ORAL ORDER Accused No.2 in Crime No.227/2026 registered by Koramangala Police Station, Bengaluru City, for the offences punishable under Sections 115(2), 117(3), 352 read with Section 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.227/2026 was registered by Koramangala Police Station, Bengaluru City for the offences punishable under Section 117(3) read with Section 3(5) of BNS, 2023, against three persons, based on the first information dated 09.07.2026 received from Mujeeb Rehman N., who is one of the injured victims in the present case. During the course of investigation, the petitioner was arrested on 10.07.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.7018/2026 was rejected on 19.08.2026. Therefore, he is before this Court. 4. During the pendency of this petition, charge sheet is now filed against three accused persons in the present case for - 3 - HC-KAR CNR: KAHC010601342026 NC: 2026:KHC:52903 CRL.P No. 13345 of 2026 the aforesaid offences and in the said charge sheet, the petitioner is arrayed as accused No.2. 5. As per the charge sheet allegations, CW-1 and CW- 4 had gone to Ginja Pub at Koramangala on 02.07.2026 and after finishing party in the said pub, at about 1:00 a.m., on 03.07.2026 they had come out of the said pub and had seen somebody fighting outside the pub. Thereafter, on their way back home, they found accused Nos.2 and 3 walking near Madiwala Check Post, Skywalk. Since they had seen accused Nos.2 and 3 fighting outside the pub, CW-1 and CW-4 allegedly questioned accused Nos.2 and 3 as to why they were fighting outside the pub. In the quarrel that took place thereafter, accused Nos.2 and 3 allegedly had assaulted CW-1 and CW-4 with their hands. Thereafter, accused No.1, who came there, joined accused Nos.2 and 3 and assaulted CW-1 and CW-4. In the charge sheet, it is specifically alleged that, as a result of fist punch by accused No.1 on the face of CW-4, he had suffered a fracture injury. The petitioner, who is arrayed as accused No.2 in the charge sheet has no other criminal antecedents. Accused - 4 - HC-KAR CNR: KAHC010601342026 NC: 2026:KHC:52903 CRL.P No. 13345 of 2026 no.3 has been enlarged on regular bail by this Court in Crl.P.No.12969/2026. 6. Considering the nature of the allegations made against the petitioner in the charge sheet and also the fact that the grievous injury suffered by CW-4 was as a result of the assault made by accused No.1, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: O R D E R i) The Criminal Petition is allowed. ii) The petitioner is directed to be enlarged on bail in Crime No.227/2026 registered by Koramangala Police Station, Bengaluru City for the offences punishable under Sections 115(2), 117(3), 352 read with Section 3(5) of BNS, 2023, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties, out of which one shall be local surety, for the likesum, to the satisfaction of the jurisdictional Court; - 5 - HC-KAR CNR: KAHC010601342026 NC: 2026:KHC:52903 CRL.P No. 13345 of 2026 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; 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 SHS List No.: 1 Sl No.: 76