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