Citation : 2026 Latest Caselaw 1494 Kant
Judgement Date : 19 February, 2026
-1-
NC: 2026:KHC:10104
CRL.P No. 14715 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 14715 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. MOHAMMED SHARFUDDIN A @ SHARFU
S/O. MOHAMMED AZMUDDIN
AGED ABOUT 19 YEARS
R/AT No.12, B 2ND STREET
KALIYAMMA TEMPLE STREET
HALASUR
BANGALORE - 560 008.
...PETITIONER
(BY SRI SYED MUZAKKIR AHMED, ADVOCATE)
AND:
Digitally signed by 1. STATE OF KARNATAKA BY
LAKSHMINARAYANA RAMAMURTHY NAGAR POLICE
MURTHY RAJASHRI
Location: HIGH BANGALORE CITY - 560 016.
COURT OF
KARNATAKA
(REPRESENTED BY THE
LEARNED STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE- 560 001).
...RESPONDENT
(BY SRI HARISH GANAPATHY, HCGP)
-2-
NC: 2026:KHC:10104
CRL.P No. 14715 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C. (FILED
UNDER SECTION 483 BNNS) PRAYING TO ENLARGE HIM ON
BAIL IN CRIME No.288/2025 OF RAMAMURTHY NAGAR POLICE
STATION, BANGALORE CITY FOR OFFENCES PUNISHABLE
UNDER SECTIONS 103(1), 61 READ WITH SECTION 3(5) OF
BNS AND U/S 25(1)(B)(b) OF THE ARMS ACT 1959.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
1. This petition is filed by accused No. 3 under
Section 483 of BNSS praying to grant bail in Crime No.
288/2025 after Ramamurthy Nagar Police Station
registered for offence under Sections 103(1), 61 read with
Section 3(5) of BNS and Section 25(1)(B)(b) of Arms Act,
1959.
2. Heard learned counsel for petitioner and
learned HCGP for respondent - State.
3. Learned counsel for petitioner would contend
that there is no overt act alleged against the petitioner of
assaulting the deceased. Said overt act of assault on the
NC: 2026:KHC:10104
HC-KAR
deceased is against the accused No. 1. The allegation
against petitioner and accused Nos. 2, 4, and 5 is that
they were present on the spot at the time of the incident
and they were keeping watch that nobody should come to
rescue the deceased. Petitioner is in judicial custody since
06.05.2025 and as chargesheet is filed, he is not required
for custodial interrogation. There are no criminal
antecedents of the petitioner. With this, he prayed to allow
the petition.
4. Per contra learned HCGP would contend that
petitioner had conspired with the other accused to kill the
deceased. Petitioner was also having common intention.
Petitioner and accused Nos. 2, 4 and 5 have supported
accused No. 1 to commit the offence. Chargesheet
material show prima facie case against the petitioner for
offence alleged against him. Petitioner was present on the
spot at the time of incident. With this, he prayed to reject
the petition.
NC: 2026:KHC:10104
HC-KAR
5. Having heard learned counsel for the parties,
the Court has perused the chargesheet and other
materials placed on record.
assaulted the deceased with iron long chopper on his head
several times and caused his death. At the time of the
incident, accused Nos. 2, 3, 4 and 5 were present on the
spot and they were keeping watch that nobody should
come to the rescue of the deceased. There is no overt act
alleged against the petitioner of assaulting the deceased.
Petitioner is stated to be present on the spot at the time of
the incident. Petitioner is in judicial custody since
06.05.2025 and as chargesheet is filed he is not required
for custodial interrogation. There are no criminal
antecedents of the petitioner.
7. Considering the above aspects, petitioner has
made out case for grant of bail with conditions.
In the result, the following;
NC: 2026:KHC:10104
HC-KAR
ORDER
Petition is allowed. Petitioner is granted bail in Crime
288/2025 after Ramamurthy Nagar Police Station subject
to following conditions:
I. Petitioner shall execute bail bond for a sum of Rs.1,00,000/- with one surety for the likesum to satisfaction of jurisdictional Court. II. Petitioner shall not tamper the prosecution witnesses either directly or indirectly. III. Petitioner shall attend the trial Court on all dates hearing unless exempted and cooperate for speedy disposal of the case.
IV. Petitioner shall not involve in commission of any offence. If petitioner is found involved in commission of any offence, the prosecution will be at liberty to seek cancellation of bail granted to him.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
LRS List No.: 1 Sl No.: 19 Ct-sm
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