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Karnataka High Court
Jabiulla Khan vs State By Nelamangala Rural P.S on 26 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2026:KHC:12087
CRL.P No. 236 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 236 OF 2026
[(438(Cr.PC) / 482(BNSS)]
BETWEEN:
JABIULLA KHAN
S/O SANAULLA KHAN,
AGED ABOUT 31 YEARS,
R/AT: GOVINDAPURA,
MADALKOTE POST, NELAMANGALA,
BENGALURU RURAL - 562 123.
...PETITIONER
(BY SRI. SYED KHADER NAWAZ, ADVOCATE)
AND:
STATE BY NELAMANGALA RURAL P.S.
REPRESENTED BY LEARNED
Digitally signed by STATE PUBLIC PROSECUTOR,
LAKSHMINARAYANA HIGH COURT OF KARNATAKA,
MURTHY RAJASHRI
BENGALURU - 560 001.
Location: HIGH
COURT OF ...RESPONDENT
KARNATAKA
(BY SRI. M.R. PATIL, HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED
U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON
BAIL BY GRANTING ANTICIPATORY BAIL TO HIM, IN THE
MATTER BEARING CRIME NO.378/2025 FOR THE ALLEGED
OFFENCE PUNISHABLE UNDER SECTION 109(1) READ WITH
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NC: 2026:KHC:12087
CRL.P No. 236 of 2026
HC-KAR
190 OF BNS, 2023 AND 27(2) OF THE ARMS ACT, 1959
PENDING BEFORE THE PRINICIPAL CIVIL JUDGE (JR.DN.) AND
JUDICIAL MAGISTRATE FIRST CLASS COURT, NELAMANGALA
AND DIRECT THE POLICE TO RELEASE THE ACCUSED/
PETITIONER ON BAIL IN THE EVENT OF HIS ARREST.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.10 under Section
482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying
to grant anticipatory bail in Crime No.378/2025 of
Nelamangala Rural Police Station registered for offence
punishable under Section 109(1) read with Section 190 of
Bharatiya Nyaya Sanhita, 2023 and Section 27(2) of Arms
Act, 1959.
2. Heard learned counsel for petitioner and
learned High Court Government Pleader for respondent -
State.
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HC-KAR
3. Learned counsel for petitioner would contend
that, the allegation against this petitioner is that he gave
pistol to accused No.4. The said allegation is made based
on the statement of accused No.4. There is no allegation
against this petitioner shooting with a gun on the injured.
The petitioner is ready to cooperate with the investigation
and abide by any conditions imposed by this Court. With
these, he prayed to allow the petition.
4. Per contra, learned High Court Government
Pleader for respondent would contend that, the petitioner
gave pistol to accused No.4. The said aspect has been
stated by accused No.4 in his statement. An unknown
person who took gun from accused No.4 and shot at the
injured. The petitioner is required for custodial
interrogation. With these, he prayed for dismissal of the
petition.
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5. Having heard the learned counsels appearing
for parties, the Court has perused the FIR, complaint and
other materials placed on record.
6. The name of this petitioner has not been shown
as accused in the FIR or remand application of accused
Nos.1 to 4 dated 01.11.2025. The allegation against this
petitioner is that he gave pistol to accused No.4. Accused
No.4 has been granted bail by this Court in Criminal
Petition No.16828/2025. An unknown person is stated to
have shot at the injured. The said unknown person has
taken the gun from accused No.4. There is no allegation
against this petitioner shooting at the injured. The
petitioner has undertaken to cooperate with the
Investigating Officer in investigation and abide by any
conditions to be imposed by this Court. There are no
criminal antecedents of the petitioner.
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HC-KAR
7. Considering all the above aspects, the petitioner
has made out a case for grant of anticipatory bail with
conditions. In the result, the following;
ORDER
The Criminal Petition is allowed. The petitioner is
granted anticipatory bail in Crime No.378/2025 of
Nelamangala Rural Police Station and is ordered to be
released on bail in the event of his arrest, subject to
following conditions:
i) The petitioner shall voluntarily appear
before the Investigating Officer/
jurisdictional Court within 15 days from this
day and execute bail bond for a sum of
Rs.1,00,000/- (Rupees One Lakh only) with
one surety for the like-sum to the
satisfaction of the Investigating Officer/
jurisdictional Court.
ii) The petitioner shall not tamper the
prosecution witnesses either directly or
indirectly.
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iii) The petitioner shall cooperate with the
Investigating Officer in further
investigation, if any.
iv) The petitioner shall appear before the
Investigating Officer whenever called for.
v) The petitioner shall appear before the trial
Court on all dates hearing unless exempted
and cooperate for speedy disposal of the
case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 41
