Maimud vs The State

Citation : 2026 Latest Caselaw 1798 Kant
Judgement Date : 25 February, 2026

[Cites 11, Cited by 0]

Karnataka High Court

Maimud vs The State on 25 February, 2026

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                                                              NC: 2026:KHC-K:1873
                                                       CRL.P No. 200027 of 2026


                      HC-KAR




                                 IN THE HIGH COURT OF KARNATAKA
                                        KALABURAGI BENCH
                           DATED THIS THE 25TH DAY OF FEBRUARY, 2026
                                              BEFORE
                               THE HON'BLE MR. JUSTICE RAJESH RAI K
                               CRIMINAL PETITION NO. 200027 OF 2026
                                      (439(Cr.PC)/483(BNSS))
                      BETWEEN:

                      1.   MAIMUD S/O AMINSAB YELAGAR
                           AGE: 32 YEARS, OCC: PRIVATE WORK
                      2.   MOHD. MATIN @ MOHD JAFAR
                           S/O NABISAB NAIKODI
                           AGE: 25 YEARS
                           OCC: GARAGE WORK
                      3.   MANSOOR S/O NABISAB NAIKODI
                           AGE: 30 YEARS, OCC: MACHANIC
                           ALL ARE R/O MOAHMMADI CHOWK
                           NEAR MOHAMMADI MASJID
                           KALABURAGI PIN-585103
                                                                   ...PETITIONERS
Digitally signed by
SHIVALEELA            (BY SRI. SIDDARTHA M. RANE AND
DATTATRAYA UDAGI      SRI. SANTOSH PATIL, ADVOCATES)
Location: HIGH
COURT OF
KARNATAKA             AND:

                      1.   THE STATE THROUGH
                           RAGHAVENDRA NAGAR POLICE STATION
                           KALABURAGI
                           REPRESENTED BY
                           ADDL. PUBLIC PROSECUTOR
                           HIGH COURT OF KARNATAKA
                           KALABURAGI BENCH-585105
                                                                   ...RESPONDENT
                      (BY SRI.GOPAL KRISHNA B. YADAV, HCGP)
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                                        NC: 2026:KHC-K:1873
                                   CRL.P No. 200027 of 2026


HC-KAR




     THIS CRL.P IS FILED U/S. 439 OF CR.P.C (OLD), 483 OF
BNSS (NEW), PRAYING TO RELEASE THE PETITIONERS ON
BAIL IN CRIME NO.147/2025 OF RAGHAVENDRA NAGAR
POLICE    STATION,    KALABURAGI    FOR   THE    OFFENCE
PUNISHABLE UNDER SECTIONS 109, 118(1), 351(2), 190,
191(3), 189(4), 352, 74 OF BNS ACT, 2023. THAT THE CASE
PENDING BEFORE HONOURABLE II ADDL. CIVIL JUDGE AND
JMFC AT KALABURAGI.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

                        ORAL ORDER

This petition is filed under Section 483 of BNSS, 2023, by petitioners/accused Nos.1, 3 and 4 for grant of bail in C.C. No.1199/2026, arising out of Crime No.147/2025 registered by the Raghavendra Nagar Police Station, Kalaburagi city, for the offences punishable under Sections 109, 118(1), 351(2), 191(3), 189(4), 352 and 74 r/w Section 190 of Bharatiya Nyaya Sanhita, 2023 (for short "BNS"), pending on the file of II-Addl. Civil Judge and JMFC, Kalaburagi.

2. The factual matrix of the case is, complainant- Aminsab, injured in this case, lodged a complaint before -3- NC: 2026:KHC-K:1873 CRL.P No. 200027 of 2026 HC-KAR the respondent-Police alleging that petitioners and other accused are his neighbours and there was a financial dispute between them. As such, they were nourishing ill- will against the complainant and his family members.

3. Things stood thus, on 26.11.2025 at about 10:30 p.m., petitioner No.1/ accused No.1 picked up quarrel with the complainant and abused him in filthy language. Mother of the complainant intervened and pacified the quarrel. After some time petitioners and other accused persons by forming unlawful assembly, trespassed the house of complainant along with deadly weapons and started to abuse the complainant and his family members in filthy language. Thereafter, petitioner No.1/accused No.1 assaulted complainant with sickle on his chest and back portion; accused No.2 assaulted his younger brother with machete and caused grievous injuries; petitioner No.2/accused No.3 assaulted his sister and outraged her modesty; petitioner No.1 also assaulted his mother who came to rescue him; accused No.5 assaulted him by -4- NC: 2026:KHC-K:1873 CRL.P No. 200027 of 2026 HC-KAR foisting a life threat. Thereafter, Juber and others rescued them and the injured were shifted to Hospital. On the strength of the complaint, a case has been registered in Crime No.147/2025 against the petitioners and others for the aforementioned offences. Subsequently, respondent- Police completed the investigation and laid charge sheet against five accused persons for the aforementioned offences by arraying these petitioners as Accused Nos.1, 3 and 4. Accused Nos.3 and 4 were arrested on 27.11.2025 and accused No.1 on 28.11.2025. Aggrieved by the custodial detention of these petitioners, they approached the learned I-Addl. District and Sessions Judge, Kalaburagi, in Crl.Misc.No.1916/2025 and the same was dismissed on 17.12.2025. Hence, this petition.

4. Heard learned counsel for the petitioners and learned High Court Government Pleader for respondent - State.

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NC: 2026:KHC-K:1873 CRL.P No. 200027 of 2026 HC-KAR

5. Learned counsel for petitioners reiterated the grounds urged in the memorandum of petition, and prays to allow the petition.

6. Learned High Court Government Pleader opposed the petition and prays to dismiss the petition.

7. I have given my anxious consideration both on the submission made by the learned counsel for the respective parties and documents available on record.

8. As could be gathered from the complaint and other records, the alleged incident occurred on 26.11.2025. Though the complainant and his family members sustained injuries, the medical reports reveal that they have discharged from the hospital after six days and the injuries sustained by them are not life threatening injuries. The petitioners are in custody from last three months. Now the investigation is completed and charge sheet has been laid by the respondent-Police against petitioners and others. Hence, further custodial -6- NC: 2026:KHC-K:1873 CRL.P No. 200027 of 2026 HC-KAR incarceration of the petitioners/accused Nos.1, 3 and 4 do not call for.

9. In such circumstances, without expressing any opinion on the merits of the case, the petitioners/accused No.1, 3 and 4, can be enlarged on bail.

10. Accordingly, the petition is allowed.

10. The respondent-Police are directed to release the petitioners/accused Nos.1, 3 and 4 on bail in C.C. No.1199/2026, arising out of Crime No.147/2025 registered by the Raghavendra Nagar Police Station, Kalaburagi city, for the offences punishable under Sections 109, 118(1), 351(2), 191(3), 189(4), 352 and 74 r/w Section 190 of Bharatiya Nyaya Sanhita, 2023 (for short "BNS"), pending on the file of II-Addl. Civil Judge and JMFC, Kalaburagi, subject to the following conditions:

a) Petitioners/accused Nos.1, 3 and 4 shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the -7- NC: 2026:KHC-K:1873 CRL.P No. 200027 of 2026 HC-KAR likesum, to the satisfaction of the jurisdictional Court;
b) The petitioners/accused Nos.1, 3 and 4 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/accused Nos.1, 3 and 4 shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioners/accused Nos.1, 3 and 4 shall not involve in similar offences in future;
e) The petitioners/accused Nos.1, 3 and 4 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.
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NC: 2026:KHC-K:1873 CRL.P No. 200027 of 2026 HC-KAR

f) The petitioners/accused Nos.1, 3 and 4 shall mark their attendance before the Station House Officer, Raghavendra Nagar Police Station, Kalaburagi, on first Sunday of every month between 10.00 a.m. and 01.00 p.m. till the case registered against them is disposed off before the Trial Court.

Sd/-

(RAJESH RAI K) JUDGE SDU LIST NO.: 1 SL NO.: 10 CT-BH