[Cites 12, Cited by 0]
Karnataka High Court
Mohammed Yasin Qureshi @ Bat vs The State Of Karnataka on 29 January, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:4893
CRL.P No. 17595 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 17595 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. MOHAMMED YASIN QURESHI @ BAT
S/O MOHAMMED NOUSHAD QURESHI
AGED BOUT 19 YEARS
OCC: LABORER, R/O LASHKAR MOHALLA
SHIVAMOGGA - 577 201.
2. MOHAMED AYYAN @ GORIBUDDI
S/O FAIROZE AHAMED
AGED ABOUT 19 YEARS
OCC: LABORER, R/O 9TH CROSS
TANK MOHALLA, SHIVAMOGGA - 577 201.
...PETITIONERS
(BY SRI P B UMESH, ADVOCATE
SRI R B.DESHPANDE, ADVOCATE)
Digitally signed by
LAKSHMINARAYANA AND:
MURTHY RAJASHRI
Location: HIGH
COURT OF 1. THE STATE OF KARNATAKA
KARNATAKA
BY KOTE POLICE STATION
SHIVAMOGGA SUB DIVISION
SHIVAMOGGA - 577 201.
(REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS, BENGALURU 560 001).
...RESPONDENT
(BY SRI MOHD. AYUB ALI ADDL. SPP)
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NC: 2026:KHC:4893
CRL.P No. 17595 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C. (FILED
UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE
PETITIONERS/ACCUSED Nos. 2 AND 5 ON BAIL IN CRIME
No.75/2024 OF KOTE POLICE STATION, SHIVAMOGGA, CHARGE
SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
120(B), 143, 144, 147, 148, 302, 324, 427 R/W 149 OF IPC.
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 Nos. 2 and 5
under Section 483 of BNSS praying to grant bail in Crime
No. 75/2024 of Kote Police Station registered for offence
under Sections 120(B), 143, 144, 147, 148, 302, 324, 427
read with Section 149 IPC pending in S.C. No. 170/2024 on
the file of I Additional District and Sessions Judge,
Shivamogga.
2. Heard learned counsel for petitioners and learned
Additional SPP for respondent - State.
3. Learned counsel for petitioners would contend
that accused No. 4 who is similarly placed to that of the
present petitioners has been granted bail by this Court in
NC: 2026:KHC:4893
HC-KAR
Crl.P. No. 12448/2025 by order dated 14.11.2025 and
therefore the petitioners are entitled for grant of bail on the
ground of parity. He further submits that accused Nos. 5, 7
to 10, 15 and 17 are also granted bail. On these grounds he
prayed to allow the petition.
4. Per contra learned Additional SPP would contend
that on perusal of the charge sheet it is clear that there is
specific overt act alleged against these petitioners assaulting
the deceased persons with deadly weapons. There is
recovery of long chopper and dagger at the instance of these
petitioners and other accused and it is a joint recovery.
C.W.3 and C.W.4 are eyewitnesses to the incident. The case
involves double murder. If the petitioners are granted bail,
there is threat to the prosecution witnesses. With this, he
prayed to reject the petition.
5. Having heard learned counsel for the parties this
Court has perused the charge sheet and other materials
placed on record.
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HC-KAR
6. This Court, while granting bail to accused No. 4,
in the order dated 14.11.2025 passed in Crl.P. No.
12558/2025 has observed as under:
6. The incident has taken place on
08.05.2024 at 5.30 p.m. The mother of
deceased Shoaib @ Sebu @ Khalander has filed
first information and on basis of the same case
came to be registered in Crime No.75/2024 for
the offence punishable under Sections 143, 144,
147, 148, 302 read with 149 of IPC against five
persons and 15 to 20 others. The name of this
petitioner/accused No.4 is not shown in the FIR
and complaint. The petitioner has been arrested
on 12.05.2024. CWs.2 to 4 are stated to be eye
witnesses to the incident and their statements
are recorded after arrest of this petitioner on
12.05.2024. The incident has taken place on
08.05.2024 and statement of eye witnesses are
recorded on 12.05.2024. The delay in recording
the statement of eye witnesses has not been
forthcoming from the charge sheet records.
7. There is no individual recovery from this
petitioner. The recovery of long-chopper and
dagger and other articles is at the instance of
NC: 2026:KHC:4893
HC-KAR
this petitioner and other accused and it is a joint
recovery. The petitioner is in judicial custody
since 12.05.2024 and as the charge sheet is filed
the petitioner is not required for custodial
interrogation. Accused Nos.5, 7 to 10, 15 and
17 have already been granted bail. There are no
criminal antecedents of the petitioner. The
petitioner has undertaken to abide by conditions
to be imposed by this Court. Considering the
above aspects, the petitioner has made out a
case for grant of bail with conditions. xxx xxx
7. Accused No. 4 who has been granted bail is
alleged to have assaulted the deceased persons with deadly
weapons. Allegation against the petitioners is also assaulting
the deceased persons with deadly weapons. Therefore
petitioners are similarly placed to that of accused No. 4 who
has been granted bail. Therefore, petitioners are entitled for
grant of bail on the ground of parity.
8. Considering these above aspects, petitioners have
made out case for grant of bail with conditions.
9. In the result, the following;
NC: 2026:KHC:4893
HC-KAR
ORDER
Petition is allowed. Petitioners are granted bail in Crime
No. 75/2024 of Kote Police Station, Shivamogga pending in
S.C. No. 170/2024 on the file of I Additional District and
Sessions Judge, Shivamogga subject to following conditions:
I. Petitioners shall execute a personal bond for a
sum of Rs.1,00,000/- each with two solvent
sureties for the likesum to the satisfaction of the
trial Court.
II. Petitioners shall not tamper the prosecution
witnesses either directly or indirectly.
III. Petitioners shall attend the trial Court on all dates
of hearing unless exempted and cooperate for
speedy disposal of the case.
IV. Petitioners shall not commit any offence. If the
petitioners are found involved in commission of
any offence, the prosecution is at liberty to seek
cancellation of bail granted to them.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 1 Sl No.: 15
Ct.sm
