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Judgment
Accused No.8 in Crime No.18/2026 registered by Bhadravathi Old Town Police Station, Shivamogga, for the offences punishable under Sections 109(1), 61(2), 352, 54, 3(5) and 190 of BNS, 2023, Section 25(1A) of the Indian Arms Act, 1959 and Sections 3(1)(ii) and 3(4) of the Karnataka Control of Organized Crimes Act, 2000, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.
Heard the learned counsel for the parties.
FIR in Crime No.18/2026 was registered by Bhadravathi Old Town Police Station, Shivamogga, against one Sabith and others based on the first information dated 05.02.2026 received from Mohammed Umer Khan, who is the injured victim in the present case. During the course of investigation of the said case, petitioner was arrested on 08.02.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.6197/2026 was rejected on 06.07.2026. Therefore, he is before this Court.
It is the case of the prosecution that on 05.02.2026, statement of the injured victim Mohammed Umer Khan, was recorded at Max Hospital, Shivamogga and FIR was registered based on the same against Sabith and others. In the first information, it is alleged that on 04.02.2026 at about 09.50 p.m., accused No.1 had called the first informant and had quarreled regarding birthday celebration of the first informant. On 05.02.2026, accused No.1, who came with his friends for the purpose of settling the dispute between two parties allegedly had quarreled with first informant and had assaulted him with weapon. Allegation of assaulting first informant with a dragger is found in the first information as against accused No.1, who has been now granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.7448/2026 vide order dated 04.08.2026. A reading of the said order would go to show that accused Nos.2, 5, 6, 9 and 13 to 16 are also granted regular bail in the present case. Under the circumstances, the following order:-
The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.18/2026 registered by Bhadravathi Old Town Police Station, Shivamogga, for the offences punishable under Sections 109(1), 61(2), 352, 54, 3(5) and 190 of BNS, 2023, Section 25(1A) of the Indian Arms Act, 1959 and Sections 3(1)(ii) and 3(4) of the Karnataka Control of Organized Crimes Act, 2000, subject to the following conditions:
Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
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;
The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
The petitioner shall not involve in similar offences in future;
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.