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2026 DAILYLAW 5323 (KAR)

MAIDUL S K v. STATE BY CENTRAL WOMEN P S

CRL.P/5667/2026 · 2026-04-30

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24477 CRL.P No. 5667 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL PETITION NO. 5667 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: MAIDUL S.K., S/O. GAFFAR ALI SHAIK AGED ABOUT 24 YEARS R/A GRAM NUTANGRAM, NANDAI POST, BARDHAMAN SUB DISTRICT KALNAM, WEST BENGAL-713 405. PRESENTLY R/AT MAIDUL S K C/O. SYEDUL MANDAL NO. 4, 2ND CROSS, CUBBONPET, BENGALURU-560 002 …PETITIONER (BY SRI. GOWHAR UNNISA.,ADVOCATE) AND: STATE BY CENTRAL WOMEN P S BENGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT, HIGH COURT BUILDING, BENGALURU- 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL SPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24477 CRL.P No. 5667 of 2026 CRIME NO.9/2026 REGISTERED IN CENTRAL WOMEN P.S., FOR THE OFFENCE P/US/ 75(2) OF BNS 2023 PENDING ON THE FILE OF THE VI ACJM, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner was an accused in Crime No.9/2026 registered by Central Women Police Station, Halasurgate Sub-Division, Bengaluru City, Bengaluru for the offence punishable under Section 75(2) of BNS Act, 2023 is before this Court seeking regular bail. 2. Complaint produced at Annexure-A dated 19.02.2026 indicate that the complainant was assaulted by - accused -petitioner while she was entering into her home. That during the process accused had dropped his mobile phone which the complainant had kept with herself and had reported the same to her husband. That the accused has come back to take the said mobile, it is only then he enquired about his name and then filed the complaint. Based on which the present case in Crime No.9/2026 is filed. - 3 - HC-KAR NC: 2026:KHC:24477 CRL.P No. 5667 of 2026 3. Counsel for the petitioner submits that accused is innocent and since he had lost the mobile and had made a call which was received by the complainant and he went to receive the mobile, then false allegation is made against him. 4. Learned counsel for the petitioner relied upon the order dated 25.11.2025 passed by the Co-ordinate Bench of this Court in Crl.P.No.14995/2025. Under identical circumstances, seeks for grant of bail. 5. Learned Addl. SPP opposing the petition submits that since the petitioner is from outside the State of Karnataka, securing him would be difficult. Hence opposes the petition. 6. Heard. Perused the records. 7. Allegation in the complaint indicates that petitioner herein had assaulted the victim and ran away, and in the said process he left behind his mobile. And that he had come back in search of the mobile to the house of the complainant and since the complainant identified him, and thereafter lodged the complaint. In the light of the aforesaid facts and circumstances and the submission made by counsel for the petitioner and - 4 - HC-KAR NC: 2026:KHC:24477 CRL.P No. 5667 of 2026 since the punishment prescribed for the offence is upto 3 years, considering the material placed on record, this Court deems it appropriate to grant bail as sought for. 8. Accordingly, following; ORDER (i) Criminal Petition is allowed. (ii) The accused/petitioner is directed to be enlarged on bail in Crime No.9/2026 of Central Women Police Station, Halasurgate Sub-Division, Bengaluru City, Bengaluru for the offence punishable under Section 75(2) of BNS Act, 2023 subject to the following conditions: a) the accused/petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one local surety for the likesum, to the satisfaction of the jurisdictional Court; b) He shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 5 - HC-KAR NC: 2026:KHC:24477 CRL.P No. 5667 of 2026 c) He shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) He shall not involve in similar offences in future; e) He 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/- (M.G.S. KAMAL) JUDGE RU List No.: 4 Sl No.: 40