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Karnataka High Court
Fayaz Kareemsha Makandar vs The State Of Karnataka on 25 March, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:4650
CRL.P No. 100408 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 25TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100408 OF 2026
(439 OF Cr.PC/483 OF BNSS)
BETWEEN:
FAYAZ KAREEMSHA MAKANDAR,
AGE: 23 YEARS, OCC: COOLIE,
R/O. JAI KARNATAKA COLONY,
YOGAPURA, DIST. VIJAYAPUR-586101.
...PETITIONER
(BY SRI PRAKASH JADHAV, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH MAHALINGAPUR P.S.,
BAGALKOT DISTRICT,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
Digitally signed
by
AT: DHARWAD-580011.
MALLIKARJUN
RUDRAYYA ...RESPONDENT
KALMATH
Location: High
Court of
(BY SRI ABHISHEK MALIPATIL, HCGP)
Karnataka,
Dharwad Bench
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING
TO ENLARGE THE PETITIONER/ACCUSED NO.8, NAMELY FAYAZ
KAREEMSHA MAKANDAR, ON REGULAR BAIL IN CONNECTION
WITH FIR NO.06/2026 REGISTERED BY MAHALINGAPUR POLICE
STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
137(2) AND 310(2) OF THE BHARATIYA NYAYA SANHITA,
PRESENTLY PENDING BEFORE THE SENIOR CIVIL JUDGE AND
JMFC COURT, BANAHATTI AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-D:4650
CRL.P No. 100408 of 2026
HC-KAR
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
Heard the learned counsel for the petitioner, the
learned HCGP for the respondent-State.
2. This petition is filed by the petitioner/accused
No.8 under 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023, seeking regular bail and praying for the following
relief:
"Wherefore, in the above facts and
circumstances, it is most humbly prayed that this
Hon'ble Court may be pleased to,
a) enlarge the Petitioner/Accused No.8, namely
Fayaz Kareemsha Makandar, on regular bail in
connection with FIR No.06 of 2026 registered
by Mahalingapur Police Station for the offences
punishable under Sections 137(2) and 310(2)
of the Bharatiya Nyaya Sanhita, presently
pending before the learned Senior Civil Judge
and JMFC Court, Banahatti, on such terms and
conditions as this Hon'ble Court deems fit and
proper in the interest of justice and equity.
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HC-KAR
b) May pass any other order or orders this
Hon'ble Court fit the circumstance of the case.
AND FOR ACT OF KINDNESS, THE PETITONER AS
IN DUTY BOUND SHALL EVER PRAY".
3. The brief case of the prosecution is that Accused
No.8, along with other accused persons, committed dacoity
on 10.01.2026 at about 12:45 p.m. by intercepting a lorry
and robbing the rice load. Based on these allegations, an
FIR has been registered against unknown persons for the
aforesaid offences.
4. The learned counsel for the petitioner submitted
that the petitioner was arrested on 21.01.2026 but was
produced before the learned Magistrate only on 24.01.2026.
Therefore, there is a violation of Article 22(2) of the
Constitution of India, and thus the personal liberty of the
petitioner has been infringed. It is further submitted that
the complaint was initially lodged against unknown persons,
and the petitioner has been falsely implicated in the present
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HC-KAR
case. Hence, it is prayed that the petitioner be enlarged on
bail.
5. On the other hand, the learned HCGP for the
State submitted that the petitioner is a habitual offender
and that four cases have been registered against him in
various police stations. It is also submitted that he is a
rowdy-sheeter. The investigation is still in progress, and the
charge sheet has not yet been filed. Therefore, it is prayed
that bail not be granted at this stage and that the petition
be dismissed.
6. Upon consideration of the allegations in the
complaint and the FIR, it is seen that the petitioner and
other accused persons are alleged to have intercepted a
lorry and committed the offence. Though the complaint was
initially lodged against unknown persons, during the course
of investigation, the police apprehended the petitioner and
arrayed him as Accused No.8. The investigation is still in
progress, and the charge sheet has not yet been filed.
Further, the learned HCGP has produced material to show
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HC-KAR
that the petitioner is a habitual offender, with four cases
registered against him in various police stations.
7. Therefore, at this stage, if the petitioner is
enlarged on bail, there is a likelihood of his absconding,
threatening prosecution witnesses, and fleeing from justice.
Therefore, the petition is liable to be dismissed, and it is
hereby dismissed.
8. However, liberty is reserved to the petitioner to
file a fresh petition after the filing of the charge sheet.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
ASN /CT-AN
List No.: 2 Sl No.: 18
