- 1 - HC-KAR NC: 2026:KHC:15978 CRL.P No. 924 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 924 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. KALIMULLA KHAN @ MUSA @ ALIM S/O SIKANDAR KHAN, NOW AGED ABOUT 32 YEARS, R/O ANCHIBASAVANAPALYA, KUDUR HOBLI, MAGADI TALUK, BENGALURU SOUTH DISTRICT 3 562 120 2. SYED KASIPUDDIN @KASHIF S/O SYED TAJUDDIN, NOW AGED ABOUT 42 YEARS, R/O THANISANDRA MAIN ROAD, SARAYIPALYA, NEAR SADIQ MASZID, ANAM LAYOUT, NAGAWARA, BENGALURU CITY 3 560 045. 3. SYED YOUSEF S/O SYED HUSSEN, NOW AGED ABOUT 40 YEARS, R/O: NEAR GOVT SCHOOL, HEGDENAGAR, 6TH CROSS, BENGALURU CITY 3 560 077 4. RIZWAN S/O MUBHARAK @ DYED MUBHARAK, Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15978 CRL.P No. 924 of 2026 NOW AGED ABOUT 24 YEARS, R/O: KOGILU BADAVANE, NEAR ITTIGE FACTORY, OPP; REVA COLLEGE, MITTAGANAHALLI CROSS YELAHANKA, BENGALURU CITY - 560 064 (NOW IN JUDICIAL CUSTODY) &PETITIONERS (BY SRI. RAJU S., ADVOCATE) AND: THE STATE OF KARNATAKA BY THE POLICE OF KUDURU POLICE STATION, BENGALURU SOUTH DISTRICT 3 561 101. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU 3 560 001 &RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO GRANT THEM BAIL IN CRIME NO.302/2025 OF KUDUR POLICE STATION, BENGALURU SOUTH DISTRICT, NOW PENDING IN CC NO.6087/2025 ON THE FILE OF THE LEARNED 1ST ADDL. CIVIL JUDGE(JR.DN) AND JMFC COURT MAGADI FOR THE OFFENCES - 3 - HC-KAR NC: 2026:KHC:15978 CRL.P No. 924 of 2026 P/U/S 189(2), 189(4), 191(2), 191(3), 118(1), 118(2), 109 AND 49 R/W 190 OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. This criminal petition is filed by the petitioners they arrayed as accused Nos.1,3,4 and 5 in Crime No.302/2025 filed by the respondent 3 Police for the offences punishable under Section 189(2), 189(4), 191(2), 191(3), 118(1), 109, 49 r/w 190 of the Bharatiya Nyaya Sanhita, 2023 (for short BNS) seeking regular bail. Factual matrix of the case: 2. The case of the prosecution is that one Noor Ayesha had lodged a complaint stating that she had married Syed Sadiq @ Chotu about 10 to 11 years ago. The said Sadiq had also married another woman, namely Naziya. Sadiq was living along with the complainant and - 4 - HC-KAR NC: 2026:KHC:15978 CRL.P No. 924 of 2026 also with Naziya. He used to stay with his second wife 2 days a week. The said Sadiq was doing real estate business along with the petitioner Nos. 1 to 3 for a period of 4 years. However, there was a difference of opinion between Sadiq and the petitioner No.1 in respect of the real estate business. 3. It is further submitted that the complainant had received a message on 24.09.2025 around 09.30 p.m. that her husband had been assaulted by the petitioners on account of an old enmity that existed between her husband and the petitioners. Immediately, the complainant went to the hospital where Sadiq was admitted. The respondent-Police registered a case, conducted the investigation and submitted the charge- sheet. 4. Heard Sri. Raju S., learned counsel for the petitioners and Sri. Rangaswamy R., learned High Court Government Pleader for respondent. - 5 - HC-KAR NC: 2026:KHC:15978 CRL.P No. 924 of 2026 5. Learned counsel for the petitioners submits that the petitioners are innocent of the alleged offences. Though it is alleged that CW-3, CW-4 and CW-5 are the eyewitnesses to the incident, the fact remains that the injured is out of danger and he has been discharged from the hospital. Hence, it is appropriate to grant bail to the petitioner by imposing suitable conditions. They will abide by the conditions imposed by this Court in the event of his release on bail. Making such a submission, learned counsel for the petitioner prays to allow the petition. 6. Per contra, learned High Court Government Pleader for the respondent 3 State vehemently submitted that the petitioners have assaulted the complainant by using deadly weapons and caused injuries to the vital part of the body of the accused with an intention to commit murder. However, the victim has recovered after obtaining timely treatment. The intention has been established by filing the charge sheet under Section 109 of BNS, 2023. Hence, it is not appropriate to grant bail to the petitioners. - 6 - HC-KAR NC: 2026:KHC:15978 CRL.P No. 924 of 2026 Making such a submission, the learned High Court Government Pleader for the respondent State prays to reject the petition. 7. Heard the learned counsel for the respective parties and perused the averments of the charge-sheet. It appears from the record that the petitioner No.1 and CW-2 were friends and they were doing real estate business together. However, there was a difference of opinion between CW-2 and the petitioner in respect of the said business. Hence, it is alleged that the petitioners had assaulted CW-2. Consequently, he had sustained injuries to the vital parts of the body. However, it appears that he has been discharged from the hospital and is out of danger. Having considered the nature of the incident, it is appropriate to grant him bail by imposing suitable conditions. 8. Hence, I proceed to pass the following: - 7 - HC-KAR NC: 2026:KHC:15978 CRL.P No. 924 of 2026 ORDER i. This Criminal Petition is allowed. ii. The petitioners are ordered to be enlarged on bail in Crime No.302/2025 filed by the respondent 3 Police for the offences punishable under Section 189(2), 189(4), 191(2), 191(3), 118(1), 109, 49 r/w 190 of the BNS, 2023, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety each for the like sum of the satisfaction of the Trial Court. iii. The petitioners shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. iv. The petitioners shall appear before the Trial Court on all hearing dates, without fail. v. The petitioners shall not indulge in any criminal cases till disposal of the case. - 8 - HC-KAR NC: 2026:KHC:15978 CRL.P No. 924 of 2026 In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE BKM List No.: 1 Sl No.: 22