AYUB BAIG MUSAFI vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:62217
CRL.P No. 15249 of 2026
CNR: KAHC010680802026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 11 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 15249 OF 2026
BETWEEN:
AYUB BAIG MUSAFI @ CHAN @ SAUDI CHAN
S/O. MUSAFI MUSTAFA,
AGED ABOUT 53 YEARS,
RESIDING AT NO.305,
GREEN MARKET BUILDING,
4TH CROSS, 1ST MAIN,
NEAR BENGALURU ONE OFFICE,
BALAJI KRUPA LAYOUT,
R.K. HEGADENAGARA,
SHIVARAM KARANTHA NAGARA,
BENGALURU CITY - 560 077.
…PETITIONER
(BY SRI. A.S. KULKARNI, ADVOCATE)
Digitally signed
by NANDINI D
Location: HIGH
COURT OF
KARNATAKA
AND:
THE STATE OF KARNATAKA
BY RAJANUKUNTE POLICE STATION,
BENGALURU DISTRICT.
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.
…RESPONDENT
(BY SRI. RAHUL RAI K., HCGP)
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HC-KAR
NC: 2026:KHC:62217
CRL.P No. 15249 of 2026
CNR: KAHC010680802026
THIS CRL.P IS FILED U/S 439 CR.P.C. (FILED U/S 483
BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED
NO.2 ON BAIL IN C.C.NO.8169/2021 (RAJANUKUNTE P.S. IN
CR.NO.105/2014) FOR THE ALLEGED OFFENCE P/U/S 342, 395
OF IPC ON THE FILE OF THE LEARNED II A.C.J.M BENGALURU
RURAL DIST. BENGALURU.
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.2 in CC No.8169 of 2021 pending before
the Court of II Additional Chief Judicial Magistrate,
Bengaluru Rural District, Bengaluru, arising out of Crime
No.105 of 2014 registered by Rajanukunte Police Station,
Bengaluru City for the offence punishable under Section
342 and 395 of IPC, 1860, is before this Court in this
petition 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:62217
CRL.P No. 15249 of 2026
CNR: KAHC010680802026
3. Perusal of the material on record would go to
show that the petitioner, who was earlier arrested in the
present case, was granted regular bail. It appears that
after charge sheet was filed in the present case, the
petitioner had not appeared before the committal Court.
Therefore, a spit-up case was registered against him in CC
No.8169 of 2021. In the said case, his presence was
secured before the Court on 01.08.2026 and on the said
date, he was remanded to judicial custody. His bail
application filed thereafter before the jurisdictional
Sessions Court in Crl.Misc.No.10195 of 2026 was rejected
on 24.08.2026. Therefore, he is before this Court.
4. As per the charge sheet allegations on
10.06.2014 at about 02:00 a.m., when CW1 and CW2, had
parked their lorry bearing registration No.KA-03/A-3886 in
front of Anand Steel Shop at Singanayakanahalli within the
jurisdiction of Rajanukunte Police Station, the accused
persons who came there in a car bearing Registration
No.KA-53-A-2511, allegedly threatened CW1 and CW2,
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HC-KAR
NC: 2026:KHC:62217
CRL.P No. 15249 of 2026
CNR: KAHC010680802026
committed dacoity of iron rods weighing about 15 tons and
930 K.G worth about Rs.7,00,000/-. It is under these
circumstances, FIR was registered against unknown
persons and subsequently, charge sheet is filed against 5
persons.
5. It is not in dispute that the petitioner who was
earlier arrested in the present case was granted regular
bail on merits of the case. Only for the reason that he had
not appeared before the Court, subsequent to the grant of
bail, he has now been arrested and remanded to judicial
custody.
6. Learned counsel for the petitioner has submitted
that except the present case, the petitioner has no other
criminal antecedents. Petitioner is aged about 53 years
and is said to be a married man. It is also brought to the
notice of this Court that the case as against the other
accused, which was committed in pending in SC
No.100025 of 2021 and in the said case, all the material
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HC-KAR
NC: 2026:KHC:62217
CRL.P No. 15249 of 2026
CNR: KAHC010680802026
charge-sheet witnesses have turned hostile. Be that as it
may, fact remains that on merits of the case the petitioner
was earlier granted bail in the present case. For the
mistake committed by him by not appearing before the
Court after being granted bail, he has been now sufficiently
punished.
7. Under the circumstances, I am of the opinion
that the prayer made by the petitioner 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 petitioner is directed to be enlarged on bail
in CC No.8169 of 2021 pending before the Court of II
Additional Chief Judicial Magistrate, Bengaluru Rural
District, Bengaluru, arising out of Crime No.105 of 2014
registered by Rajanukunte Police Station, Bengaluru City
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HC-KAR
NC: 2026:KHC:62217
CRL.P No. 15249 of 2026
CNR: KAHC010680802026
for the offence punishable under Section 342 and 395 of
IPC, 1860, subject to the following conditions:
a) The petitioner 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 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.
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HC-KAR
NC: 2026:KHC:62217
CRL.P No. 15249 of 2026
CNR: KAHC010680802026
f) The petitioner shall appear before the
Station House Officer (S.H.O) of
Rajanukunte Police Station on third Sunday
of the month between 10.00 a.m. and 1.00
p.m. and mark his attendance regularly till
the case registered against him is disposed
of.
g) The petitioner shall also furnish his
address proof and his mobile phone number
before the Station House Officer (S.H.O) of
Rajanukunte Police Station, Bengaluru City.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
AMM
List No.: 1 Sl No.: 59