Sri. Mohammed Hidayath vs The State Of Karnataka
2026 Latest Caselaw 640 Kant

Citation : 2026 Latest Caselaw 640 Kant
Judgement Date : 31 January, 2026

[Cites 5, Cited by 0]

Karnataka High Court

Sri. Mohammed Hidayath vs The State Of Karnataka on 31 January, 2026

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                                 NC: 2026:KHC:5493
                                                        CRL.P No. 16308 of 2025


                      HC-KAR




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 31ST DAY OF JANUARY, 2026

                                               BEFORE
                      THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
                       CRIMINAL PETITION No. 16308 OF 2025 (439(Cr.PC) /
                                             483(BNSS))
                      BETWEEN:

                      1.    SRI. MOHAMMED HIDAYATH
                            S/O MOHAMMED SHAFI
                            AGED ABOUT 38 YEARS
                            R/AT 10TH CROSS, OPP MANSUR MASJID
                            ISLAMPUR, NELAMANGALA RURAL
                            KARNATAKA - 562 123
                            AADHAR No.799634146744
                                                                     ...PETITIONER

                      (BY SRI. IMRAN PASHA, ADVOCATE)

                      AND:

                      1.    THE STATE OF KARNATAKA
Digitally signed by
                            THROUGH NELAMANGALA RURAL POLICE STATION
LAKSHMINARAYANA
MURTHY RAJASHRI
                            REP. BY STATE PUBLIC PROSECUTOR
Location: HIGH              HIGH COURT OF KARNATAKA BUILDING
COURT OF
KARNATAKA                   BANGALORE - 560 001.
                                                               ...RESPONDENT

                      (BY SMT. WAHEEDA M M, HCGP)

                           THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED
                      UNDER SECTION 483 BNNS) PRAYING TO GRANT AN ORDER
                      OF ANTICIPATORY BAIL TO THE PETITIONER OR ACCUSED
                      No.4 AS PER FIR IN CRIME No.0378/2025 OF RESPONDENT
                      NELAMANGALA RURAL POLICE STATION SUB DIVISION
                      NELAMANGALA FOR THE OFFENCES PUNISHABLE UNDER
                      SECTIONS 109(1), 190 OF THE BNS 2023 AND UNDER
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                                         NC: 2026:KHC:5493
                                  CRL.P No. 16308 of 2025


HC-KAR




SECTION 27(2) OF ARMS ACT 1959 BEFORE THE HON'BLE
COURT OF PRL.CIVIL JUDGE AND JMFC COURT, NELAMANGALA,
BANGALORE RURAL DISTRICT.

    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.6 (accused No.4

as per FIR) under Section 483 of BNSS praying to grant

bail in Crime No.378/2025 of Nelamangala Rural Police

Station, registered for offences under Section 109(1), 190

of BNS and Section 27(2) of Arms Act.

2. Heard learned counsel for the petitioner and

learned HCGP for respondent/State.

3. Learned counsel for petitioner would contend that

no overt act is alleged against the petitioner. The

petitioner had contested election against the complainant

in the year 2021 and lost in the said election. As per

remand application, it is accused No.2 who has taken gun

from accused No.4 and shot at the injured at the instance

NC: 2026:KHC:5493

HC-KAR

of accused No.1. There is no role of this petitioner in

commission of alleged offence. The petitioner is in judicial

custody since 06.11.2025. As major portion of

investigation is over, he is not required for further

custodial interrogation. There are no criminal antecedents

of the petitioner. On these grounds, he prayed to allow the

petition.

4. Per contra, learned HCGP would contend that the

investigation is in progress. There is a motive by this

petitioner against the injured. The exact role of this

petitioner is to be ascertained in the investigation. With

this, she prayed to reject the petition.

5. Having heard the learned counsels, the Court has

perused FIR, complaint and other materials placed on

record.

6. As per averments of the complaint, accused No.1

was having grudge against the injured, who was in jail,

had come on parole, was sitting in the real estate office of

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accused Nos.6 and 7 and they were giving financial aid to

accused No.1. An unknown person shot at the injured with

a pistol and caused injury. As per averments of the

complaint, at the instance of accused Nos.6, 7 and

accused No.1, the said unknown person had shot at the

injured. As per remand application, accused No.2 who took

gun from this petitioner and who received information

regarding movement of the injured from accused No.3,

fired with the gun at the injured and caused injury. There

is no over tact of firing is alleged against the petitioner.

The petitioner is in judicial custody since 06.11.2025 and

therefore, he is not required for further custodial

interrogation. The petitioner has undertaken to co-operate

with the police in further investigation, if any, and abide

by any conditions to be imposed by this Court. There are

no criminal antecedents of the petitioner.

7. Considering the above aspects, the petitioner has

made out case for grant with bail conditions. In the result,

the following:

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HC-KAR

ORDER

The petition is allowed. The petitioner is granted bail

in Crime No.378/2025 of Nelamangala Rural Police

Station, subject to following conditions:

a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court.