SHAKEEL AHMED vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60466
CRL.P No. 14928 of 2026
C/W CRL.P No. 15408 of 2026
CNR: KAHC010669382026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 14928 OF 2026
C/W
CRIMINAL PETITION NO. 15408 OF 2026
IN CRL.P No. 14928/2026
BETWEEN:
SHAKEEL AHMED
S/O ABIDA BEGUM,
AGED ABOUT 33 YEARS,
R/AT.NO.82, 2ND MAIN ROAD,
KHUSHAL NAGAR, ARABIC COLLAGE POST,
BENGALURU - 560 045.
…PETITIONER
(BY SRI. SEENAPPA V, ADVOCATE)
Digitally
signed by
NANDINI D
Location:
HIGH
COURT OF
KARNATAKA
AND:
THE STATE OF KARNATAKA
BY THE CCB POLICE,
BENGALURU URBEN,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BANGALORE - 560 001.
…RESPONDENT
(BY SRI. RAHUL RAI K, HCGP)
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HC-KAR
NC: 2026:KHC:60466
CRL.P No. 14928 of 2026
C/W CRL.P No. 15408 of 2026
CNR: KAHC010669382026
THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) OF
CR.P.C PRAYING TO RELEASE HIM ON BAIL IN CRIME
NO.81/2026 OF RESPONDENT i.e., CCB POLICE STATION,
BENGALURU FOR THE ALLEGED OFFENCE P/US/ 329(4),
115(2), 118(1), 351(2), (3), 352, 308(5), 310(2) R/W SEC.190
OF BNS 2023 AND SEC.3 OF KARNATAKA CONTROL OF
ORGANIZED CRIME ACT 2000 (KCOCA) PENDING ON THE FILE
OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU.
IN CRL.P NO. 15408/2026
BETWEEN:
SYED MEHBOOB PASHA @ MEHBOOB
S/O LATE SYED SAAB
AGE ABOUT 39 YEARS
RESIDING AT NO. 112
NEAR JAMIA MASJID
BELLALI, YELAHANKA,
BENGALURU - 560 064.
...PETITIONER
(BY SRI. MOHAMMED PASHA C, ADVOCATE)
AND:
STATE BY CCB (OCB)(E) P.S.,
REP. BY SPP
HIGH COURT BUILDING
BANGALORE - 01.
...RESPONDENT
(BY SRI. RAHUL RAI K, HCGP)
THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S
483 BNNS) PRAYING TO ALLOW THIS BAIL APPLICATION
U/S 483 OF THE BNSS 2023 AND ENLARGE HIM ON
REGULAR BAIL IN CRIME NO.81/2026 REGISTERED BY THE
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HC-KAR
NC: 2026:KHC:60466
CRL.P No. 14928 of 2026
C/W CRL.P No. 15408 of 2026
CNR: KAHC010669382026
RESPONDENT (CCB POLICE STATION) FOR OFFENCES
P/U/S 329(4), 115(2), 118(1), 351(2)(3), 352, 308(5),
310(2) R/W SECTION 190 OF THE BNS 2023 AND SECTION
3 OF THE KARNATAKA CONTROL OR ORGANIZED CRIMES
ACT 2000 PENDING BEFORE THE HONBLE COURT OF THE
PRL.CITY CIVIL AND SESSIONS JUDGE, CCH-01
BENGALURU.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused Nos.7 and 8 in crime No.81/2026 registered
by CCB Bengaluru City Police, Bengaluru for offences
punishable under Sections 329(4), 115(2), 118(1),
351(2)(3), 352, 308(5), 310(2) r/w Section 190 of BNS,
2023 and Section 3 of Karnataka Control of Organized
Crimes Act, 2000 (KCOCA) 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.
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HC-KAR
NC: 2026:KHC:60466
CRL.P No. 14928 of 2026
C/W CRL.P No. 15408 of 2026
CNR: KAHC010669382026
3. FIR in crime No.81/2026 was registered by CCB
Police Station, Bengaluru, for the offences punishable
under Sections 329(4), 115(2), 118(1), 351(2)(3), 352,
308(5), 310(2) r/w Section 190 of BNS, 2023, against
Ruban and others, based on the first information dated
19.06.2026 submitted by Yasin Ali son of Mehaboob Jan
who is the alleged victim in the present case.
4. During the course of investigation, petitioners
herein were arrested on 16.07.2026 and remanded to
judicial custody. Subsequently, the provisions of KCOCA
Act was invoked in the present case against the accused.
Bail application filed by the petitioners before the Court of
Special Judge in Criminal Misc, No.8856/2026 and
8866/2026 was rejected on 15.09.2026. Therefore, they
are before this Court.
5. It is the case of the prosecution that the de-facto
complainant is running a garment shop at D.J halli along
with his wife. Accused No.2-Mosin who was earlier working
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HC-KAR
NC: 2026:KHC:60466
CRL.P No. 14928 of 2026
C/W CRL.P No. 15408 of 2026
CNR: KAHC010669382026
with the de-facto complainant had given information to
accused No.1 who is a rowdy-sheeter about the first
informant and thereafter accused no. 1 conspired with the
other accused persons to threaten the de-facto
complainant and demand money from him.
6. On 05.05.2026 at about 09.00 a.m the accused
persons had entered the house of the de-facto
complainant and after abusing him threatened him
showing weapons and thereafter forcibly took away his
valuables and also an amount of Rs.80,000/- in cash. It is
also alleged that the accused persons snatched the Apple
watch and mobile phones belonging to the first informant
and left his house after criminally intimidating him. In
respect of alleged incident that had taken place on
05.05.2026 in the house of the first informant, FIR was
belatedly registered after a lapse of nearly 40 days from
the date of incident. The explanation offered by first
informant for such inordinate delay is not satisfactory.
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HC-KAR
NC: 2026:KHC:60466
CRL.P No. 14928 of 2026
C/W CRL.P No. 15408 of 2026
CNR: KAHC010669382026
7. Learned High Court Government Pleader during
the course of argument has fairly submitted that accused
persons do not have any criminal antecedents.
8. It is brought to the notice of this Court that the
Court of Special Judge has granted regular bail in the
present case to accused Nos.2, 4 and 5. Bail application of
the petitioners has been rejected only for the reason that
they are persons with criminal antecedent. The Hon'ble
Supreme Court in case of Prabhakar Tewari -vs- State
of Uttar Pradesh and another reported in (2020) 11
SCC 648 has observed that merely for the reason that
accused is a person with criminal antecedent his bail
application cannot be rejected if he is otherwise found
entitled for the said relief.
9. In the present case, considering the nature of
allegations and also inordinate delay of 40 days in
approaching the police I am of the opinion that prayer
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NC: 2026:KHC:60466
CRL.P No. 14928 of 2026
C/W CRL.P No. 15408 of 2026
CNR: KAHC010669382026
made by the petitioners for grant of regular bail is to be
answered affirmatively. Accordingly, the following:-
O R D E R
The Criminal Petitions are allowed. The petitioners
are directed to be enlarged on bail in Crime No.81/2026
registered by CCB, Bengaluru City Police, for the offences
punishable under Sections 329(4), 115(2), 118(1),
351(2)(3), 352, 308(5), 310(2) r/w Section 190 of BNS,
2023 and Section 3 of Karnataka Control of Organized
Crimes Act, 2000 (KCOCA), subject to the following
conditions:
a) Petitioners shall execute personal bond for
a sum of Rs.1,00,000/- 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 his appearance
for valid reasons;
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NC: 2026:KHC:60466
CRL.P No. 14928 of 2026
C/W CRL.P No. 15408 of 2026
CNR: KAHC010669382026
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.
f) Petitioners are directed to appear before the
Station House Officer, CCB Bengauru City Police
on every 1st Sunday every month between
10.00 am and 1.00 pm and mark their
attendance regularly till the investigation of the
case is completed and final report is filed.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
VS
List No.: 1 Sl No.: 64