Saif @ Soyafahmed vs The State Of Karnataka
2026 Latest Caselaw 2166 Kant

Citation : 2026 Latest Caselaw 2166 Kant
Judgement Date : 11 March, 2026

[Cites 6, Cited by 0]

Karnataka High Court

Saif @ Soyafahmed vs The State Of Karnataka on 11 March, 2026

                                                   -1-
                                                              NC: 2026:KHC-K:2279
                                                         CRL.P No. 200400 of 2026


                      HC-KAR



                                  IN THE HIGH COURT OF KARNATAKA

                                         KALABURAGI BENCH

                               DATED THIS THE 11TH DAY OF MARCH, 2026

                                              BEFORE
                               THE HON'BLE MR. JUSTICE G BASAVARAJA
                               CRIMINAL PETITION NO. 200400 OF 2026
                                       (439(Cr.PC)/483(BNSS))
                      BETWEEN:

                      SAIF @ SOYAFAHMED
                      S/O MOHAMMED RAFIQ ILKAL
                      AGE: 30 YEARS, OCC: COOLIE
                      R/O NEAR RAILWAY STATION
                      MUJAWAR CHAL
                      DIST: BAGALKOT-586104
                                                                    ...PETITIONER
                      (BY SRI. MOINAKHTAR NADAF AND
                      SRI S. A. HALLAD ADVOCATES)

                      AND:

                      THE STATE OF KARNATAKA
Digitally signed by
SHIVALEELA            THROUGH THE PSI HORTI PS, VIJAYAPUR
DATTATRAYA UDAGI
Location: HIGH
                      REP BY THE ADDL. SPP
COURT OF
KARNATAKA
                      HIGH COURT OF KARNATAKA
                      KALABURAGI BENCH-585107
                                                                   ...RESPONDENT
                      (BY SRI.JAMADAR SHAHABUDDIN, HCGP)

                           THIS CRL.P IS FILED U/S. 439 OF CR.P.C (OLD), 483 OF
                      BNSS (NEW), PRAYING TO ALLOW THIS PETITION AND
                      ENLARGE THE PETITIONERS/ACCUSED NO.4 ON BAIL IN HORTI
                      PS AT CRIME NO.03/2026 REGISTERED AGAINST THE
                      PETITIONERS FOR OFFENCES U/S 310(2), 309(4), 137(2) OF
                      BNS AND WHICH IS PENDING BEFORE I ADDL. DISTRICT AND
                      SESSIONS AND JUDGE, VIJAYAPUR.
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                                          NC: 2026:KHC-K:2279
                                    CRL.P No. 200400 of 2026


HC-KAR



    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA


                           ORAL ORDER

This petition is filed under Section 483 of BNSS,

2023, by the petitioner/accused No.4 for grant of bail in

Crime No.03/2026 dated 13.01.2026, registered by the

Horti Police, for the offences punishable under Sections

310(2), 309(4), 137(2) of Bharatiya Nyaya Sanhita, 2023,

presently pending on the file of I Addl. District and

Sessions Judge, Vijayapur.

2. The factual matrix of the case is that, on the

basis of the complaint filed by Saddam Husen Shaikh,

Horti police have registered the case in Crime No.03/2026

against 4 unknown persons for the aforesaid offences and

submitted the FIR to the Court. It is submitted that,

accused has been arrested on 24.01.2026 and eversince

he is in judicial custody. Being aggrieved by the same, the

petitioner preferred bail petition in Criminal

Misc.No.118/2026 before the I Addl. Sessions Judge,

NC: 2026:KHC-K:2279

HC-KAR

Vijayapura, which was rejected by order dated

10.02.2026. Hence, the petitioner has preferred this

petition seeking for grant of regular bail.

3. Heard the learned counsel for the petitioners

and the learned HCGP for respondent-State.

4. Learned counsel appearing on behalf of the

petitioner would submit that the accused/petitioner has

not committed any offence as alleged against him. Since

the date of arrest, he is in judicial custody. He further

submits that this Court has already granted bail to accused

Nos.3, 9 and 10 in Criminal Petition Nos.200312/2026 and

connected matter. Hence, on the ground of parity, he

prays to allow the bail petition.

5. Per contra, the learned HCGP for respondent -

State opposed the petition.

6. I have examined the materials placed before

this Court.

NC: 2026:KHC-K:2279

HC-KAR

7. This Court, in Criminal Petition No.200312/2026

and connected matter vide order dated 04.03.2026 has

passed the detailed order.

8. In view of the principle of parity, the present

petitioner being accused No.4 is entitled for regular bail

with conditions. Accordingly, I proceed to pass the

following;



                                ORDER

     (I)       The petition is allowed.

(II) The petitioner/accused No.4 is directed to be

enlarged on bail in Crime No.03/2026 registered by the

Horti Police, for the offences punishable under Sections

310(2), 309(4), 137(2) of Bharatiya Nyaya Sanhita, 2023,

subject to the following conditions:

a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum, to the satisfaction of the concerned Court;

NC: 2026:KHC-K:2279

HC-KAR

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not indulge in similar offences in future;

e) The petitioner shall assist the Investigating Office for further investigation.

f) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

Sd/-

(G BASAVARAJA) JUDGE

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