Mohammed Saif @ Saif, Vs the State of Karnataka

@ SAIF, S/O. AFROZ PASHA, AGED ABOUT 29 YEARS, Digitally RESIDING AT NO.08, signed by PAVITHRA SLAUGHTER HOUSE ROAD, N Location: 'B' STREET, SHIVAJINAGAR, High Court BENGALURU - 560 051. of Karnataka

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&PETITIONER

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(BY SRI. A. S. KULKARNI., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA

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2 - NC: 2026:KHC:15969 CRL.P No. 3420 of 2026

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HC-KAR

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BY THE STATION HOUSE OFFICER, BHARATHINAGAR POLICE STATION, BENGALURU - 560 005. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.

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&RESPONDENT

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(BY SRI. RANGASWAMY R., ADDL. SPP)

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THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.6 ON BAIL IN BHARATHINAGAR POLICE STATION CRIME NO.154/2025 FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 109, 3(5) OF THE BHARATIYA NYAYA SANHITA, 2023, ON THE FILE OF THE LEARNED 10TH ADDL. CHIEF JUDICIAL MAGISTRATE, MAYO HALL, BENGALURU.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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NC: 2026:KHC:15969 CRL.P No. 3420 of 2026

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HC-KAR

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ORAL ORDER

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This criminal petition is filed by the petitioner, who is arrayed as accused No.6, seeking regular bail in Crime No.154/2025 filed by the respondent-Police for the offences punishable under Section 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short BNS).

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Factual matrix of the case:

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The case of the prosecution is that a complaint came to be filed by one Mr Muhammed Afroz, stating that on 06.12.2025, around 06.30 p.m., while the complainant was going towards the chicken shop from Shivaji Nagara, on the Bambu Bazar road, and he had stopped his vehicle as there was a signal. At that time, Wahid and his friends attacked him by holding long choppers and knives in their hands and caused him severe bleeding injuries. Immediately, he rushed to the hospital and got himself admitted there as an in-patient. It is further stated that after obtaining the treatment from said hospital, he was

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NC: 2026:KHC:15969 CRL.P No. 3420 of 2026

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HC-KAR

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discharged, and thereafter, the complainant lodged a complaint against Wahid and others. The respondent - Police, after registering a case, conducted the investigation. The investigation is under progress.

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Heard Sri. A.S.Kulkarni, learned counsel for the petitioner and Sri. Rangaswamy R., learned High Court Government Pleader for respondent.

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The submission of the learned counsel for the petitioner is that the petitioner is arrayed as accused No.6 and is innocent of the alleged offences, and he has been falsely implicated in this case. The petitioner is a stranger to the complainant. No identification parade has been conducted, and no specific overt act is attributed against the petitioner in the complaint. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. He would abide by the conditions to be imposed by this Court in the event of his release on bail. Making such

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NC: 2026:KHC:15969 CRL.P No. 3420 of 2026

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HC-KAR

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submission learned counsel for the petitioner prays to allow the petition.

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Per Contra, learned High Court Government Pleader for the respondent vehemently submitted that the petitioner and others had assaulted the injured by holding deadly weapons in their hands. The manner in which they assaulted the petitioners would indicate the gravity and the intention of the petitioners. The presence of the petitioner has been disclosed by the co-accused. Hence, he has been arrayed as one of the accused. The respondent-Police have taken the petitioner into custody, and the petitioner is in judicial custody. If the petitioner is enlarged on bail, there may be chances of him threatening the prosecution witnesses. Hence, it is not appropriate to grant bail. Making such submissions, the learned High Court Government Pleader for respondent prays to reject the petition.

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6 - NC: 2026:KHC:15969 CRL.P No. 3420 of 2026

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HC-KAR

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Heard learned counsel for the respective parties

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and perused the averments of the complaint and also the remand application. It appears that the petitioner is one of the accused in the above case. As per the averments of the complaint, no motive is attributed, and no overt act is attributed against the petitioner. Moreover, the petitioner is out of danger, and he has been discharged from the hospital. Hence, it is appropriate to grant him bail by imposing suitable conditions.

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Hence, I proceed to pass the following:

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ORDER

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i. The petition is allowed.

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ii. The petitioner is ordered to be enlarged on bail in Crime No.154/2025 filed by the respondent-Police for the offences punishable under Section 109, 3(5) of

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the BNS, 2023, on executing personal bond in a sum of Rs.1,00,000/- (Rupees

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7 - NC: 2026:KHC:15969 CRL.P No. 3420 of 2026

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HC-KAR

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One Lakh only) with one surety for the like

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sum of the satisfaction of the Trial Court.

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iii. The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court.

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iv. The petitioner shall appear before the Trial

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Court on all hearing dates without fail.

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v. The petitioner shall not indulge in any criminal cases till disposal of the case.

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In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail.

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Sd/(S RACHAIAH) JUDGE

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NM List No.: 1 Sl No.: 58

Mohammed Saif @ Saif, v. the State of Karnataka

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Mohammed Saif @ Saif, v. the State of Karnataka

Case brief

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