PRATHAP @ SALEEM vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:61490
CRL.P No. 11452 of 2026
C/W CRL.P No. 11050 of 2026
CNR: KAHC010521772026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 11452 OF 2026
C/W
CRIMINAL PETITION NO. 11050 OF 2026
IN CRL.P No. 11452/2026
BETWEEN:
MUSTAFA ALI BAIG
S/O. NIYAZ AHMED,
AGED ABOUT 22 YEARS,
R/O 2ND CROSS, NEAR URDU SCHOOL,
NEW MANDLI, R.T.ROAD,
SHIVAMOGGA - 577 205
…PETITIONER
(BY SRI. HASHMATH PASHA, SR. COUNSEL FOR
SRI. NASIR ALI, ADVOCATE)
AND:
STATE OF KARNATAKA
BY JAYANAGAR POLICE STATION,
SHIVAMOGGA - 577 201.
REP. BY LEARNED STATE PUBLIC PROSECUTOR
HIGH COURT OF BANGALORE - 560 001.
…RESPONDENT
Digitally
signed by
NANDINI D
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI. CHANNAPPA ERAPPA, HCGP)
THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483
BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME
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NC: 2026:KHC:61490
CRL.P No. 11452 of 2026
C/W CRL.P No. 11050 of 2026
CNR: KAHC010521772026
NO.84/2025 OF JAYANAGAR POLICE STATION OF
SHIVAMOGGA WHICH IS PENDING IN SPL.CC NO.1047/2026
REGISTERED FOR OFFENCE P/U/S 189(2), 191(2), 191(3),
115(2), 118(1), 140(2), 351(2), 352, 61, 308(3), R/W 190 OF
BNS AND 3(1)(ii), 3(4) AND SEC. 3(3) OF KCOCA ACT
PENDING ON THE FILE OF THE HONBLE PRL.CITY CIVIL AND
SESSIONS JUDGE BENGALURU AND SPECIAL COURT FOR
KCOCA ACT.
IN CRL.P NO. 11050/2026
BETWEEN:
PRATHAP @ SALEEM
S/O RUDRESH,
AGED ABOUT 28 YEARS,
R/A OPPOSITE LAXMI BAR,
NEAR PADMA TALKIES
GOPAL, SHIVAMOGGA - 577 205
...PETITIONER
(BY SRI. HASHMATH PASHA, SR. COUNSEL FOR
SRI. NASIR ALI, ADVOCATE)
AND:
STATE OF KARNATAKA
BY JAYANAGAR POLICE STATION,
SHIVAMOGGA - 577 201.
(REP. BY LEARNED STATE PUBLIC PROSECUTOR
HIGH COURT OF BANGALORE)
...RESPONDENT
(BY SRI. CHANNAPPA ERAPPA, HCGP)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS)
OF CR.P.C PRAYING TO ENLARGE HIM ON BAIL IN CRIME
NO.84/2025 OF JAYANAGAR POLICE REGISTERED FOR THE
OFFENCE P/US/ 189(2), 191(2), 191(3), 118(1), 140(2),
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HC-KAR
NC: 2026:KHC:61490
CRL.P No. 11452 of 2026
C/W CRL.P No. 11050 of 2026
CNR: KAHC010521772026
351(2), 352, 61(2), 308(3) R/W SEC.190 OF BNS AND
SEC.3(1)(ii), 3(4) OF KCOCA ACT WHICH IS PENDING IN
SPL.C.C.NO.1047/2026 ON THE FILE OF THE HONBLE
PRINCIPAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL COURT FOR KCOCA ACT.
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 13 in Special C.C.No.1047 of
2026 pending before the Court of Principal City Civil and
Sessions Judge and Special Judge, Bengaluru, arising out
of Crime No.84 of 2025 registered by Jayanagar Police
Station, Shivamogga for the offences punishable under
Section 118(1), 189(2), 191(2), 191(3) 115(2), 140(2),
351(2), 352, 61(2), 308(3), 190 of BNS, 2023 and Section
3(1)(ii), 3(4) and 3(3) of KCOC Act, 2000, 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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CRL.P No. 11452 of 2026
C/W CRL.P No. 11050 of 2026
CNR: KAHC010521772026
3. FIR in Crime No.84 of 2025 was registered by
Jayanagar Police Station, Shivamogga for the offences
punishable under Section 118(1), 189(2), 191(2), 191(3)
115(2), 140(2), 351(2), 352 and 190 of BNS, 2023
against one Shoheb @ Anda and others, based on the first
information dated 24.09.2025 received from Ghani Ahmed
Khan, who is one of the injured victim in the present case.
In the said case, accused No.7 was arrested on
17.04.2026 and accused No.13 was arrested on
15.05.2026 and were remanded to judicial custody. During
the course of the investigation, the offences punishable
under the KCOC Act, 2000 was invoked against the
accused persons. After completing investigation, charge
sheet is filed against 15 persons and petitioners are
arrayed as accused Nos.7 and 13 in the charge sheet.
Their bail application filed before the jurisdictional Court of
Special Judge in Crl.Misc.No.6431 of 2026 was rejected on
14.07.2026. Therefore, they are before this Court.
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CRL.P No. 11452 of 2026
C/W CRL.P No. 11050 of 2026
CNR: KAHC010521772026
4. A reading of the first information as well as the
charge sheet filed in the present case would reveal that on
22.09.2025, when CW1 and CW2 had gone to the Court at
Shivamogga, accused Nos.1 to 8 confronted them for the
reason that they belonged to the gang of one Yasin
Qureshi, who was their opponent and after abusing CW1
and CW2 using filthy language, accused Nos.7 and 8
forcibly took CW1 in a two-wheeler bearing registration
No.KA-53/ EG-9044 and accused Nos.3 and 4 forcibly took
CW2 in a two-wheeler bearing registration No.KA-13/E-
7296. Accused Nos.1, 2, 5 and 6 followed the aforesaid
two-wheelers in a car bearing registration No.KA-01/NF-
5458. Thereafter, in a conservancy lane near first cross
K.R.Puram, Shivamogga, accused Nos.1 to 8 allegedly
removed the clothes of CW1 and assaulted him with hands
and threatened him with dire consequences in the event, if
he displayed the photograph of Yasin Qureshi in his mobile
phone. Similarly, CW2 was also assaulted with hands and
threatened not to display the photograph of Yasin Qureshi
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CRL.P No. 11452 of 2026
C/W CRL.P No. 11050 of 2026
CNR: KAHC010521772026
in his mobile phone. It is further alleged that the accused
persons demanded a sum of Rs.50,000/- from CW1 and
CW2 and threatened them with dire consequences if they
failed to pay the said amount.
5. Undisputedly, the CW1 and CW2 have suffered
only simple injuries in the incident in question, which had
taken place on 22.09.2025. In respect of the alleged
incident that had taken place on 22.09.2025, FIR was
belatedly lodged on 24.09.2025, which is after period of
nearly 2 days from the alleged incident. Investigation of
the case is now completed and charge sheet is filed
against 15 persons for aforesaid offences.
6. Provisions of KCOC Act was invoked in the
present case considering the criminal antecedents of the
accused, on the ground they are involved in committing
organized crimes. It is brought to the notice of this Court
that accused Nos.2, 3, 5, 6 and 11 as against whom
similar allegations are found in charge sheet and who were
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CRL.P No. 11452 of 2026
C/W CRL.P No. 11050 of 2026
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also persons with criminal antecedents have been enlarged
on bail before the Trial Court.
7. Learned High Court Government Pleader has
brought to the notice of this Court that even the
petitioners are persons with criminal antecedents.
Considering the nature of allegations found in the charge
sheet with regard to the alleged incident that had taken
place on 22.09.2025 and also the fact that similarly placed
other accused persons have been granted regular bail by
the Trial Court, 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:
O R D E R
(i) The Criminal Petition is allowed.
(ii) The petitioners are directed to be enlarged on
bail in Special C.C.No.1047 of 2026 pending before the
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HC-KAR
NC: 2026:KHC:61490
CRL.P No. 11452 of 2026
C/W CRL.P No. 11050 of 2026
CNR: KAHC010521772026
Court of Principal City Civil and Sessions Judge and Special
Judge, Bengaluru, arising out of Crime No.84 of 2025
registered by Jayanagar Police Station, Shivamogga for
the offences punishable under Section 118(1), 189(2),
191(2), 191(3) 115(2), 140(2), 351(2), 352, 61(2),
308(3), 190 of BNS, 2023 and Section 3(1)(ii), 3(4) and
3(3) of KCOC Act, 2000, 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;
c) The petitioners shall not directly or
indirectly threaten or tamper with the
prosecution witnesses;
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HC-KAR
NC: 2026:KHC:61490
CRL.P No. 11452 of 2026
C/W CRL.P No. 11050 of 2026
CNR: KAHC010521772026
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 them is disposed off.
f) The petitioners shall appear before
the Station House Officer (S.H.O) of
Jayanagar Police Station on every first
Sunday of the month between 10.00 a.m.
and 1.00 p.m. and mark their attendance
regularly for a period of 1 year from the
date of their release from the custody.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
AMM
List No.: 1 Sl No.: 37