MOHAMMED JAWID ALAM vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:58841
CRL.P No. 11920 of 2026
CNR: KAHC010542702026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 11920 OF 2026
BETWEEN:
MOHAMMED JAWID ALAM
S/O SHAMIM AHAMAD,
AGED ABOUT 26 YEARS,
PRESENTLY RESIDING AT
MOHAMMED RIJWAN RENT HOUSE,
2ND FLOOD, MYNEST APARTMENT BACK SIDE,
SHIKARI PALYA, JIGANI HOBLI, ANEKAL TALUK,
BENGALORE DISTRICT - 562 105.
PERMANENT ADDRESS
BADARBANNA VILLAGE AND POST,
BAERA POLICE STATION,
DARBHANGA DISTRICT,
BIHAR STATE - 847 233.
…PETITIONER
Digitally
signed by
NANDINI D
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI. M. KRISHNE GOWDA, ADVOCATE)
AND:
STATE OF KARNATAKA
STATE BY HEBBAGODI P.S.,
RPTD. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
…RESPONDENT
(BY SRI. RAHUL RAI K, HCGP)
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HC-KAR
NC: 2026:KHC:58841
CRL.P No. 11920 of 2026
CNR: KAHC010542702026
THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483
BNNS) PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE
PETITIONER IN CRIME NO.203/2021 OF HEBBAGODI POLICE
NOW IN SC NO.5057/2021 AND PENDING BEFORE III
ADDL.DISTRICT AND SESSIONS JUDGE AT BANGALORE RURAL
SITTING AT ANEKAL FOR THE OFFENCES P/U/S 364A, 302,
120B, 202, 212 R/W 34 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.1 in SC No.5057 of 2021 pending before
the Court of III Additional District and Sessions Judge,
Bengaluru Rural District sitting at Anekal, arising out of
Crime No.203 of 2021 registered by Hebbagodi Police
Station, Bengaluru for the offences punishable under
Section 364-A, 302, 120-B, 202, 212 read with Section 34
of IPC, 1860, is before this Court in this successive bail
application 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:58841
CRL.P No. 11920 of 2026
CNR: KAHC010542702026
3. FIR in Crime No.203 of 2021 was registered by
Hebbagodi Police Station, Bengaluru for the offence
punishable under Section 364-A of IPC, 1860 against
unknown persons, based on the first information dated
04.06.2021 received from M.D. Abbas father of deceased
boy Mohammed Nijamuddin. In the said case, during the
course of investigation the petitioner was arrested on
02.08.2021 and remanded to judicial custody. After
completing investigation, charge sheet is filed against 4
persons. Petitioner is arrayed as accused No.1 in the
charge sheet. His bail application filed before the Trial
Court was rejected. Therefore, he had approached this
Court in Crl.P.No.4122 of 2023 which was dismissed by the
Co-ordinate bench of this Court on 17.07.2023. It is under
these circumstances, the petitioner is before this Court in
this successive bail application.
4. In the FIR submitted by the father of the victim
boy, it is stated that he had received a ransom call from
mobile phone bearing No.626-078-3308 on 04.06.2021
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HC-KAR
NC: 2026:KHC:58841
CRL.P No. 11920 of 2026
CNR: KAHC010542702026
and the caller allegedly informed him that his son was in
his custody. It is under these circumstances, FIR was
registered against unknown persons for offence punishable
under Section 364-A of IPC.
5. The dead body of the first informant's minor son
namely Mohammad Asif Alam, was subsequently found on
05.06.2021 in an old shed situated in the land belonging to
CW.25. In the charge sheet, it is alleged that the petitioner
had made the ransom call to the first informant using the
mobile phone given to him by accused No.2. It is alleged
that there are witnesses who had last seen the deceased
boy with the petitioner and the CCTV footages also would
go to show that the victim boy was found along with the
petitioner in his motorcycle immediately prior to the
registration of FIR. The entire case of the prosecution is
based on circumstantial evidence. Accused Nos.2 to 4 have
been granted regular bail in the present case by the Trial
Court.
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HC-KAR
NC: 2026:KHC:58841
CRL.P No. 11920 of 2026
CNR: KAHC010542702026
6. It is not in dispute that the petitioner has no
other criminal antecedents and he is in custody in the
present case for the last more than 5 years. Till date not
even a single charge sheet witness has been examined by
the prosecution. Therefore, the chances of the trial being
completed and the case being disposed of on merits in the
near future is very remote.
Javed Gulam Nabi Shaikh v.
7. In the case of
State of Maharashtra and Another - 2024 SCC OnLine SC
1693
at paragraph No.19, the Hon'ble Supreme Court has
observed as follows:
"19.
If the State or any prosecuting agency
including the court concerned has no
wherewithal to provide or protect the
fundamental right of an accused to have a
speedy trial as enshrined under Article 21 of the
Constitution then the State or any other
prosecuting agency should not oppose the plea
for bail on the ground that the crime committed
is serious. Article 21 of the Constitution applies
irrespective of the nature of the crime".
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HC-KAR
NC: 2026:KHC:58841
CRL.P No. 11920 of 2026
CNR: KAHC010542702026
8. Considering the aforesaid aspects of the matter
and also the period of the petitioner's incarceration, I am
of the view that, without expressing any opinion on the
merits and demerits of the case, petitioner's prayer for
grant of regular bail needs to be answered in affirmative,
subject to appropriate conditions. Accordingly, the
following:
O R D E R
(i) The Criminal Petition is allowed.
(ii) The petitioner is directed to be enlarged on bail
in SC No.5057 of 2021 pending before the Court of III
Additional District and Sessions Judge, Bengaluru Rural
District sitting at Anekal, arising out of Crime No.203 of
2021 registered by Hebbagodi Police Station, Bengaluru
for the offences punishable under Section 364-A, 302,
120-B, 202, 212 read with Section 34 of IPC, 1860,
subject to the following conditions:
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HC-KAR
NC: 2026:KHC:58841
CRL.P No. 11920 of 2026
CNR: KAHC010542702026
a) The petitioner shall execute personal
bond for a sum of Rs.1,00,000/- with two
sureties, out of which, one shall be local
surety, for the likesum, to the satisfaction
of the jurisdictional Court;
b) The petitioner 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 petitioner shall not directly or
indirectly threaten or tamper with the
prosecution witnesses;
d) The petitioner shall not involve in
similar offences in future;
e) The petitioner 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
AMM, List No.: 1 Sl No.: 54