Full Judgment Text
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NC: 2026:KHC:24751
CRL.P No. 7129 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 14 DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
CRIMINAL PETITION NO. 7129 OF 2026 (439(Cr.PC)
/ 483(BNSS))
BETWEEN:
MR MOHAMMED SHARIEF
S/O LATE KHADAR HUSSAIN
AGED ABOUT 75 YEARS
RESIDENT OF NO.10,
ST TH
1 FLOOR, 4 STREET,
CHANDINI CHOWK ROAD,
SHIVAJINAGAR,
BANGALORE.
…PETITIONER
(BY SRI. SYED NASEERUDDIN.,ADVOCATE)
AND:
1. STATE BY EAST WOMEN
POLICE STATION
REPRESENTED BY
STATE PUBLIC PROSECUTOR.
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
2. NAZEERA SIMRAN,
W/OMOHAMMED ALI
AGED ABOUT 28YEARS,
RD
NO.2, 3 STREET NALA ROAD,
SHIVAJINAGAR,
BANGALORE - 560 051.
…RESPONDENTS
(BY SRI. SUNIL S. RAO.,ADVOCATE FOR
SRI. KISHOR KUMAR., R.S. ADVOCATE FOR R2;
Digitally signed
by SUMA B N
Location: HIGH
COURT OF
KARNATAKA
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NC: 2026:KHC:24751
CRL.P No. 7129 of 2026
HC-KAR
SRI. CHANNAPPA ERAPPA HCGP FOR R--)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO DIRECT
THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON
BAIL IN CONNECTION IN CR.NO.120/2025 OF EAST WOMEN
POLICE STATION, BENGALURU IN C.C.NO.74636 NOW
PENDING IN SC.NO.481/2026 ON THE FILE OF THE HONBLE
LIII ADDL. CITY CIVIL AND SESSIONS COURT, BENGALURU
AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL ORDER
1. This petition is filed by the accused No.1-petitioner
herein seeking grant of regular bail in Crime No.120/2025 of
East Women Police Station, Bengaluru, in
Crl.Misc.No.2341/2026, pending on the file of LIII Additional
City Civil and Sessions Court, Bengaluru for the offences
punishable under Sections 64(2)(f), 64(2)(m), 75, 76 85,
115(2) and 352(2) of BNS, 2023.
2. The above case was registered pursuant to complaint
filed by the respondent No.2-defacto complainant alleging
harassment, sexual assault, mental torture by her father-in-law
i.e., accused No.1-petitioner herein, her husband, mother-in-
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CRL.P No. 7129 of 2026
HC-KAR
law and grandmother. It is alleged that the accused No.1-
petitioner herein has committed sexual assault on the
respondent No.2-defacto several times. Based on the
complaint, the above case in Crime No.120/2025 is registered
against the petitioner herein and other family members.
3. Learned counsel for the accused No.1-petitioner herein
submits that accused is aged about 75 years and a senior
citizen. He submits that the accused No.1-petitioner herein is
falsely implicated in the present case due to matrimonial
dispute between respondent No.2 and her husband, with
omnibus allegations without any specific particulars regarding
date, time or independent corroboration. Hence, seeks for
allowing of the petition.
4. Learned HCGP, opposing the petition submits that the
allegation is serious in the nature coupled with allegation of
assault. Therefore, accused No.1-petitioner herein is not
entitled for grant of bail.
5. Respondent No.2-defacto complainant is personally
present before this Court and duly represented by her counsel.
Respondent No.2 as well as her counsel have expressed their
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CRL.P No. 7129 of 2026
HC-KAR
no objection in allowing the petition. It is further submitted
that matter is being settled amicably between the parties.
6. Heard and perused the records.
7. Accused No.1-petitioner herein is aged about 75 years
and has been in custody since eight months. Though
allegations are made in the complaint against accused No.1-
petitioner herein of harassment, respondent No.2-defacto
complainant, who is present before this Court duly represented
by her counsel Sri. Kishore Kumar, submits that matter is being
settled amicably and that she has no objection for grant of bail
in favour of the accused No.1-petitioner herein.
8. Considering the above facts and circumstances of the
case, t his Court deems it appropriate to grant bail as sought
for.
9. Accordingly, following;
ORDER
(i) Criminal Petition filed under Section 483 of
allowed
BNSS, 2023 is .
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CRL.P No. 7129 of 2026
HC-KAR
(ii) The accused No.1-petitioner herein is directed
to be enlarged on bail in Crime No.120/2025 of
Vidyaranyapura Police Station, for the offences
punishable under Sections 64(2)(f), 64(2)(m), 75, 76 85,
115(2) and 352(2) of BNS, 2023, subject to the following
conditions:
a) The accused No.1-petitioner herein
shall execute a personal bond for a sum of
Rs.1,00,000/- with two local sureties for the
likesum, to the satisfaction of the
jurisdictional Court;
b) The accused No.1-petitioner herein
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 accused No.1-petitioner herein
shall not directly or indirectly threaten or
tamper with the prosecution witnesses;
Communicate copy of this order to the trial
Court and concerned prison authorities
forthwith.
Sd/-
(M.G.S. KAMAL)
JUDGE
RL/- List No.: 1 Sl No.: 39