SRI SHAHID KHAN vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:58071
CRL.P No. 14492 of 2026
C/W CRL.P No. 14470 of 2026
CNR: KAHC010650832026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 14492 OF 2026
C/W
CRIMINAL PETITION NO. 14470 OF 2026
IN CRL.P No. 14492/2026:
BETWEEN:
SRI S. MUBARAK
S/O. LATE. SARDAR PASHA
AGED ABOUT 42 YEARS
R/A. M.V LAYOUT
NEAR AYAPPA TEMPLE
HOSKOTE TOWN
HOSKOTE - 562 114.
PERMANENT ADDRESS
KHAJI MOHALLA
HOSKOTE TOWN
BENGALURU RURAL DISTRICT - 562 114.
…PETITIONER
Digitally signed
by NANDINI D
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI ABHILASH KUMAR M.N, ADV., FOR
SRI NANJUNDA GOWDA M.R, ADV.)
AND:
THE STATE OF KARNATAKA
BY MASTI POLICE REPRESENTED
BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
DR. AMBEDKER VEEDHI
BENGALURU - 560 001.
…RESPONDENT
(BY SRI CHANNAPPA ERAPPA, HCGP)
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS)
PRAYING TO ENLARGE HIM ON BAIL IN SC.NO.115/2026 ARISING
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NC: 2026:KHC:58071
CRL.P No. 14492 of 2026
C/W CRL.P No. 14470 of 2026
CNR: KAHC010650832026
OUT OF CR.NO.25/2026 AGAINST THE PETITIONER REGISTERED BY
MASTI P.S., FOR THE OFFENCES P/U/S 103(1) R/W 3(5) OF BNS,
PENDING BEFORE THE I ADDL. DISTRICT AND SESSIONS JUDGE,
KOLAR.
IN CRL.P NO. 14470/2026:
BETWEEN:
SRI SHAHID KHAN
AGED ABOUT 33 YEARS
R/A MOHAMMED VAKAS UMER'S FARM HOUSE
MITTIGANAHALLI VILLAGE
TEKAL HOBLI, MALUR TALUK
KOLAR - 563 137
PERMANENT ADDRESS
KHAJI MOHALLA, KHAJI LAYOUT
HOSKOTE TOWN, BENGALURU
RURAL DISTRICT - 562 114.
(NAME AND ADDRESS AS PER CHARGESHEET
...PETITIONER
(BY SRI ABHILASH KUMAR M.N, ADV, FOR
SRI NANJUNDA GOWDA M.R, ADV.)
AND:
THE STATE OF KARNATAKA
BY MASTHI POLICE
REPRESENTED BY STATE PUBLIC
PROSECUTOR, HIGH COURT BUILDING
DR. AMBEDKER VEEDHI
BENGALURU - 560 001.
...RESPONDENT
(BY SRI CHANNAPPA ERAPPA, HCGP)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C
PRAYING TO ENLARGE HIM ON BAIL IN S.C.NO.115/2026
ARISING OUT OF CRIME NO.25/2026 OF MASTI POLICE STATION
AGAINST THE PETITIONER FOR THE OFFENCE P/US/ 103(1) R/W
SEC.3(5) OF BNS NOW PENDING ON THE FILE OF THE I ADDL
DISTRICT AND SESSIONS JUDGE, KOLAR.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC:58071
CRL.P No. 14492 of 2026
C/W CRL.P No. 14470 of 2026
CNR: KAHC010650832026
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused Nos.1 and 2 in S.C.No.115/2026 pending
before the Court of the I Additional District and Sessions
Judge, Kolar, arising out of Crime No.25/2026 registered
by Masti Police Station, Kolar for the offences punishable
under Section 103(1) read with Section 3(5) of BNS, 2023,
are before this Court in these two petitions filed under
Section 483 of BNSS, 2023, seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.25/2026 was registered by
Masti Police Station, Kolar for the aforesaid offences
against the petitioners herein and others, based on the
first information dated 18.02.2026 received from Irfan
Khan, brother-in-law of deceased Nayaz Khan. During the
course of investigation of the said case, the petitioners
were arrested on 19.02.2026. After completing
investigation, charge sheet is filed against them for the
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CRL.P No. 14492 of 2026
C/W CRL.P No. 14470 of 2026
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aforesaid offences. Their bail applications filed before the
Trial Court were rejected. Therefore, they are before this
Court.
4. The first informant, Irfan Khan, who is the
brother-in-law of deceased Nayaz Khan, is a hearsay
witness in the present case. In the first information, he has
alleged that his brother-in-law Nayaz Khan was an
autorikshaw driver and he allegedly had illicit relationship
with the wife of accused No.1. On the alleged date of
incident, Nayaz Khan had gone near the house of accused
No.1 and at about 11:40 a.m., on the said date, accused
Nos.1 and 2 had assaulted him with a knife and committed
his murder. It is under these circumstances, FIR was
registered against the petitioners. During the course of
investigation, they were arrested and remanded to judicial
custody.
5. In the charge sheet which is subsequently filed,
it is alleged that deceased Nayaz Khan had illicit
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CRL.P No. 14492 of 2026
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CNR: KAHC010650832026
relationship with the wife of accused No.1. On 18.02.2026,
when accused Nos.1 and 2 were near the house of accused
No.1, Nayaz Khan allegedly came near the said house. It is
in this background, there was a quarrel between accused
Nos.1 and 2 and Nayaz Khan. Thereafter, accused No.2
allegedly had caught hold of Nayaz Khan and accused No.1
had assaulted him with a knife, which was used in his
house for cutting vegetables and had committed the
murder of Nayaz Khan.
6. According to the prosecution, CW.2 to CW.6 are
the alleged eyewitnesses in the present case. CW.4, who is
the owner of the property adjacent to the property of
accused No.1, has stated that, on 18.02.2026, at about
11:40 a.m., he had seen accused Nos.1 and 2 quarrelling
with Nayaz Khan and thereafter assaulting him with a
knife. He has further stated that, immediately thereafter,
he had telephoned the jurisdictional police, who
immediately arrived at the spot and thereafter, informed
their higher officers about the incident. However, FIR in
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CRL.P No. 14492 of 2026
C/W CRL.P No. 14470 of 2026
CNR: KAHC010650832026
the present case was registered at about 19:30 hours
based on the first information received from Irfan Khan,
who is a hearsay witness. Therefore, a doubt arises with
regard to the statement made by CW.4 . The statements of
CW.2 and CW.3, who are workers in the nearby quarry,
has been recorded in the present case after a delay of 48
days from the date of crime. The statements of CW.5 and
CW.6, who are relatives of the accused, has been recorded
after a delay of 40 days from the date of crime.
7. The petitioners, who are married persons,
having no criminal antecedents, are in custody in the
present case for the last nearly eight months. The trial in
the case is yet to commence.
8. Considering the aforesaid aspects of the matter,
I am of the opinion that the prayer made by the
petitioners for grant of regular bail needs to be answered
affirmatively, subject to appropriate conditions.
Accordingly, the following:
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CRL.P No. 14492 of 2026
C/W CRL.P No. 14470 of 2026
CNR: KAHC010650832026
O R D E R
i) The Criminal Petition is allowed .
ii) The petitioners are directed to be enlarged on
bail in S.C.No.115/2026 pending before the Court of the I
Additional District and Sessions Judge, Kolar arising out of
Crime No.25/2026 registered by Masti Police Station, Kolar
for the offences punishable under Section 103(1) read with
Section 3(5) of BNS, 2023, subject to the following
conditions:
a) The petitioners shall execute personal
bond for a sum of Rs.1,00,000/- each with
two sureties for the likesum, to the
satisfaction of the jurisdictional Court;
b) The petitioners shall appear regularly
on all the dates of hearing before the Trial
Court unless the Trial Court exempts their
appearance for valid reasons;
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CRL.P No. 14492 of 2026
C/W CRL.P No. 14470 of 2026
CNR: KAHC010650832026
c) The petitioners shall not directly or
indirectly threaten or tamper with the
prosecution witnesses;
d) The petitioners shall not involve in
similar offences in future;
e) The petitioners 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/-
(S VISHWAJITH SHETTY)
JUDGE
SHS
List No.: 1 Sl No.: 77