[Cites 9, Cited by 0]

Karnataka High Court

Abdul Khadar Khateeb @ Haroon Khateeb vs The State Of Karnataka on 17 March, 2026

                                                 -1-
                                                            NC: 2026:KHC-K:2540
                                                       CRL.P No. 200253 of 2026


                      HC-KAR



                                  IN THE HIGH COURT OF KARNATAKA

                                         KALABURAGI BENCH

                               DATED THIS THE 17TH DAY OF MARCH, 2026

                                              BEFORE
                               THE HON'BLE MR. JUSTICE G BASAVARAJA
                               CRIMINAL PETITION NO.200253 OF 2026
                                       (439(Cr.PC)/483(BNSS))
                      BETWEEN:

                      1.   ABDUL KHADAR KHATEEB @ HAROON KHATEEB,
                           S/O ABDUL KHALEED,
                           AGE: 38 YEARS, OCC: SOCIAL WORKER,
                           R/O NEAR SHAH JEELANI DARGA,
                           KALABURAGI.

                      2.   MOHAMMED GOUSE
                           S/O MOHAMMED HUSSAIN,
                           AGE: 43 YEARS, OCC: LABOUR,
                           R/O NEAR SHAH JEELANI DARGA,
                           MADINA COLONY, KALABURAGI.

                      3.   ASFAQ S/O CHANDSAB PATEL,
Digitally signed by
SHIVALEELA                 AGE: 33 YEARS, OCC: LABOUR,
DATTATRAYA
UDAGI                      R/O MIJABA NAGAR, KALABURAGI.
Location: HIGH
COURT OF
KARNATAKA
                      4.   MOHAMMED ISMAIL
                           S/O MOHAMMED KHASIM,
                           AGE: 22 YEARS, OCC: LABOUR,
                           R/O MIJABA NAGAR, KALABURAGI.
                           (ACCUSED NO.1 TO 4 AS PER FIR)

                                                              ...PETITIONERS
                      (BY SRI. SHANTANU PRADEEP KUMAR, ADVOCATE)

                      AND:

                      THE STATE OF KARNATAKA
                      THROUGH RAGHAVENDAR NAGAR P.S. KALABURAGI
                             -2-
                                          NC: 2026:KHC-K:2540
                                  CRL.P No. 200253 of 2026


HC-KAR



REPRESENTED BY ADDL. S.P.P.
HIGH COURT OF KARNATAKA
KALABURAGI BENCH.

                                               ...RESPONDENT
(BY SRI. SIDDALING PATIL, ADDL. S.P.P.)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C (OLD) U/S 483 OF BNSS (NEW) PRAYING TO
ALLOW      THE     PETITION     AND     ENLARGE     THE
ACCUSED/PETITIONER ON BAIL IN CRIME NO.5/2026 OF
RAGHAVENDRA NAGAR POLICE STATION KALABURAGI, NOW
PENDING ON THE FILE OF THE II ADDL. CIVIL JUDGE AND
JMFC AT KALABURAGI FOR THE OFFENCES PUNISHABLE U/S
109(1), 115(2), 352,140(4),351(2) R/W SEC. 190 OF BNS
2023.

    THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA



                       ORAL ORDER

The petitioners 1, 2 and 4 have filed this petition

under Section 483 of BNSS, 2023. After filing this petition,

in view of submission of petitioner counsel as well as the

withdrawal memo filed by the petitioners, the petition

against petitioner No.3 was dismissed as withdrawn as per

order dated 16.02.2026.

2. On the basis of the complaint filed by Abdul

Mateen, Raghavendra Nagara Police have registered the

NC: 2026:KHC-K:2540

HC-KAR

case in Crime No.5/2026 against the accused Nos.1, 2 and

4 for the commission of Offence under Section 109(1),

115(2), 190, 352, 140(4), 351(2) of Bharatiya Nyaya

Sanhita, 2023.

3. During the course of investigation, accused 1, 2

and 4 were arrested and produced before the jurisdictional

Magistrate. The accused were remanded to judicial

custody, and since the date of their arrest, i.e.

13.01.2026, the accused are in judicial custody.

4. The petitioners have filed petition before the III

Additional District and Sessions Judge, Kalaburagi in

Crl.Misc. No.83/2006 clubbed with Crl.Misc.Nos.77/2026

and 81/2026 under Section 483 of Bharatiya Nagarik

Suraksha Sanhita, 2023. Same came to be rejected.

Hence the petitioners have filed this petition under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant

of regular bail.

5. The learned counsel appearing on behalf of the

petitioners would submit that the petitioners have not

NC: 2026:KHC-K:2540

HC-KAR

committed any offence as alleged against them and since

the date of arrest, the petitioners are in judicial custody.

The injured already discharged from the hospital. The

petitioners are not required for custodial interrogation.

This Court has already granted bail to the petitioner No.3.

Petitioners herein are ready to abide the conditions to be

imposed by this court and on all these grounds sought for

allowing this petition.

6. As against this, the learned Additional SPP

Sri.Siddaling Patil, would submit the accused Abdul

Khadeer has involved in Crime No.158/2025 of

Raghavendra Nagara and PAR.No.22/2022 Crime

No.158/2025 and 5/2026 and 184/2014. To substantiate

this, he has produced some documents. The Learned

Additional SPP fairly submits that the injured has already

discharged from the hospital.

7. He has also produced the report submitted by

SHO of Raghavendra Nagara Police.

NC: 2026:KHC-K:2540

HC-KAR

8. Having heard the arguments on both sides, the

following point would arise for my consideration.

i. Whether the petition filed under Section 483 of

BNSS on behalf of petitioner Nos.1, 2 and 4 deserves to be

allowed?

ii. What order?

9. My answer to the above points are as under:

i. Affirmative.

ii. As per final order.

10. I have examined the materials placed before

this court. On the basis of the complaint filed by Abdul

Mateen, Raghavendra Nagara Police have registered the

case in Crime No.5/2026 against accused Nos.1 to 4 for

the commission of offence under Section Section 109(1),

115(2), 190, 352, 140(4), 351(2) of Bharatiya Nyaya

Sanhita, 2023.

NC: 2026:KHC-K:2540

HC-KAR

11. The Investigating Officer has arrested the

accused on 13.01.2026 and produced before the Court and

they were remanded to judicial custody and till date, the

present petitioners are in judicial custody. The alleged

commission of offences are not punishable with

imprisonment for death. The wound certificate of the

injured Abdul Mateen is also produced by the prosecution,

in which the injuries caused to the injured are shown as

under:

i. CLW over left palm - 5 cm x 2 cm.

ii. ii. CLW over right knee - 6 cm x 2 cm.

iii. Contusion over lateral parts of anterior abdominal wall

- 5 cm x 5 cm.

iv. Contusion over anterior part of chest - 5 cm x 5 cm.

v. Contusion over back and lower back region - 5 cm x 5 cm.

12. The date of admission is 12.01.2026 and the

discharge on 03.03.2026. Detailed in-patient progress

report issued by QP Multi-Specialty Hospital is also

NC: 2026:KHC-K:2540

HC-KAR

produced. It is submitted that the accused No.1 was

involved in Crime No.184/2014. In this regard the learned

counsel for the petitioner submits that in this case the

Court has acquitted the accused.

13. It is an admitted fact that the accused is involved

in Crime No.22/2022 which pertains to the initiation of the

proceedings under Section 107 of Code of Criminal

Procedure.

14. A perusal of these materials placed by the

learned Additional SPP reveals that the accused has not

been convicted in any case. Considering the period of

detention of the accused in judicial custody which is about

64 days, nature and gravity of offence, injuries sustained

by the injured and non-requirement of the accused for

further investigation, this Court is of the opinion that it is

just and proper to allow this petition with conditions.

Accordingly, I answer point No.1 in affirmative.

NC: 2026:KHC-K:2540

HC-KAR

Point No.2.

15. For the aforesaid reasons and discussions, I proceed to pass the following:

ORDER

(i) The Criminal Petition is allowed.

(ii) The petitioners/accused Nos.1, 2 and 4 are directed to

be enlarged on bail in Crime No.5/2026 registered by the

Raghavendra Nagar Police Station, Kalaburagi, for the

offences punishable under Sections 109(1), 115(2), 352,

140(4), 351(2) read with Section 190 of Bharatiya Nyaya

Sanhita, 2023, subject to the following conditions:

a) Petitioners/accused 1, 2 and 4 shall execute a

personal bond for a sum of Rs.1,00,000/- each

with one surety for the likesum, to the

satisfaction of the concerned Court;