Facts
The petitioner, accused No. 6, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case arising from the murder of Saipuddin.
Source reference: pp. 2–6, paras. 1, 3–6The prosecution alleged that the petitioner received the weapons used in the crime from accused No. 2 and passed them to accused Nos. 3 and 4; he was not alleged to have been present at the scene. He was arrested on 15 December 2025, and his bail application before the Sessions Court was rejected on 12 August 2026. The investigation was complete, the trial had not commenced, and accused Nos. 2 to 4 were in custody. Accused No. 5 had been granted bail by the High Court.
Source reference: pp. 2–6, paras. 1, 3–6Issues
1. Whether the petitioner, accused No. 6, should be granted regular bail in light of the nature of the allegations and the circumstances identified by the Court
Source reference: p. 6, para. 72. Whether bail should be granted subject to conditions intended to secure the petitioner’s attendance and protect the proceedings
Source reference: pp. 6–7, orderLaw Applied
The petition was brought under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers the High Court to grant bail. The charged offences included provisions of the Bharatiya Nyaya Sanhita, 2023, the Karnataka Control of Organised Crimes Act, 2000, and the Arms Act, 1959.
Source reference: pp. 2, 6The Court applied its discretionary bail jurisdiction by considering the nature of the allegations against the petitioner, his alleged role, criminal antecedents, the status of the investigation and trial, and the custody status of the alleged assailants. The order cites no precedent or more detailed doctrinal test.
Source reference: p. 6, para. 6Reasoning
The Court treated the petitioner’s alleged role as limited to receiving and handing over the weapons, and noted that he was not present at the crime scene and had no other criminal antecedents.
Source reference: p. 6, paras. 6–7It also considered that the alleged assailants were in custody, the investigation was complete, the trial had yet to begin, and accused No. 5 had already been granted bail. In view particularly of the nature of the allegations against the petitioner, the Court concluded that his application warranted a favourable decision.
Source reference: p. 6, paras. 6–7Holding
The High Court allowed the petition and directed that the petitioner be released on regular bail in Spl.C. No. 131/2026
subject to a personal bond of ₹1,00,000 with two sureties for the like amount and conditions requiring his attendance at hearings, prohibiting threats or witness tampering and involvement in similar offences, and restricting travel outside the Trial Court’s jurisdiction without permission.
Source reference: pp. 6–7, orderActs & Sections Cited
10 provisions across 5 statutes referred to in this judgment. Each provision opens on LawLens.
Code of Criminal Procedure, 19731
Bharatiya Nagarik Suraksha Sanhita, 20231
Bharatiya Nyaya Sanhita, 20235
Arms Act, 19592
KARNATAKA CONTROL OF ORGANIZED CRIMES ACTS, 20001
Original Court PDF
MALI MOHAMMED SIYANvsTHE STATE BY
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