Karnataka High Court
Mohammed Thohid vs State Of Karnataka on 8 July, 2026
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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CRL.P No. 7055 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 7055 OF 2026
BETWEEN:
MOHAMMED THOHID
S/O MOHAMMED BASHA
AGED ABOUT 24 YEARS
R/O TIPPUNAGARA
SHIVAMOGGA - 577 401.
...PETITIONER
(BY SRI VEERANNA G TIGADI, ADV.)
AND:
STATE OF KARNATAKA
BY TUNGANAGARA POLICE STATION
SHIVAMOGGA, REPRESENTED BY STATE
PUBLIC PROSECUTOR, HIGH COURT OF
KARNATAKA, BENGALURU - 560 001.
...RESPONDENT
Digitally (BY SMT. RASHMI JADHAV, ADDL. SPP)
signed by
NANDINI M S THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
Location:
HIGH COURT PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON
OF REGULAR BAIL IN CRIME NO.65/2021 TUNGA NAGAR P..S FOR THE
KARNATAKA
ALLEGED OFFENCE P/U/S 143, 144, 147, 148, 109, 324, 307, 448,
506, 120B, 326, 397, 149 OF IPC ON THE FILE OF THE I
ADDL.DISTRICT AND SESSIONS JUDGE SHIVAMOGGA IN SC
NO.17/2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused no.2 in S.C.No.17 of 2023, pending before
the Court of I Additional District & Sessions Judge,
Shivamogga, arising out of Crime No.65 of 2021 registered by
Tunga Nagar Police Station, Shivamogga District for offences
punishable under Sections 143, 144, 147, 148, 109, 324, 307,
448, 506, 120B, 326, 397 R/w Section 149 of IPC 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.
3. FIR in Crime No.65 of 2021 was registered by
Tunga Nagar Police Station, Shivamogga District, for the
aforesaid offences against Zameer alias Bacchan and others,
based on the first information dated 16.02.2021, received from
Sri Syed Imran @ Riyu, who is one of the injured victim in the
present case. Petitioner is arrayed as accused no.2 in the FIR.
After completing investigation, charge sheet has been filed
against 9 persons for the aforesaid offences and in the charge
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sheet, petitioner is arrayed as accused no.2. Since the
petitioner was in custody in some other case, the committal
Court had committed the case to the jurisdictional Sessions
court, after filing of charge sheet and before the jurisdictional
Sessions court, case was registered in S.C.No.17 of 2023. It
appears that in the said case, petitioner was produced under
body warrant and after he was enlarged on bail in the original
case, he was released from jail. Subsequently, the petitioner
had voluntarily surrendered before the trial Court in S.C.No.17
of 2023 on 06.04.2026 and had filed bail application in
Crl.Misc.No.359 of 2026 before the trial Court, which was
rejected on 22.04.2026. Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that, in
the only other criminal cases registered against him, the
petitioner has been enlarged on bail. In the present case, the
petitioner was never arrested and he has voluntarily
surrendered on 06.04.2026. He is ready and willing to abide by
the conditions that may be imposed on him by this Court.
Accordingly, he prays to allow the petition.
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5. Per contra, learned Addl. SPP has opposed the
petition.
6. FIR in the present case was registered against 6
named persons and 2 unknowns. Petitioner was arrayed as
accused no.2 in the FIR. Allegation in the first information is
that on 16.02.2021, at the instance of accused no.1, petitioner
along with other accused persons had come to the house of
CW1 – Sayed Imran and had demanded payment of the hafta.
When CW1 had refused to pay hafta at the instance of
petitioner, other accused persons, who had come along with
him had assaulted CW1 and CW2 with a long causing injuries to
them. Consequently, based on the statement of CW1 that was
recorded in the hospital, FIR was registered against accused
no.1 – Zameer and others.
7. Material on record would go to show that, petitioner
was arrested in Crime No.395 of 2021 registered against him in
Shivamogga Rural Police Station for offences punishable under
Sections 385, 427, 506 R/w Section 34 of IPC and in the charge
sheet which is filed in the present case it is shown that the
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petitioner is in judicial custody in another case. The Committal
Court therefore, by order dated 15.12.2021, had committed the
case in Crime No.65 of 2021 to the jurisdictional Sessions Court
and the same was numbered in S.C.No.17 of 2023.
8. Since the petitioner who was subsequently released
in Crime No.395 of 2021 had not appeared before the Trial
Court in S.C.No.17 of 2022, a split-up case was registered
against him in S.C.No.17 of 2023 and in the said proceedings,
petitioner had voluntarily surrendered on 06.04.2026. Order
sheet of the trial Court in S.C.No.17 of 2023 would reflect that
in the original case i.e. S.C.No.17 of 2022, the petitioner was
produced under body warrant and after he was released in the
original case, he had not appeared before the trial Court.
9. It is brought to the notice of this Court that,
accused No.3 has been granted regular bail in the present case
by the jurisdictional Sessions Court in Crl.Misc.No.360 of 2026
vide order dated 17.04.2016. In the charge sheet which is filed,
it is stated that on the alleged date of incident, petitioner had
gone along with the other accused persons to the house of the
first informant at the instance of accused nos.1 and 8 and after
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the first informant had refused to pay haftha demanded by
accused no.2 at the instance of accused no.1, accused nos.3
and 4 had assaulted first informant with a long and accused
nos.6 and 7 had assaulted CW2, who is the other injured in the
present case. Under the circumstances, I am of the opinion that
prayer made by the petitioner for grant of regular bail needs to
be answered affirmatively, subject to appropriate conditions.
10. Accordingly, the following:-
ORDER
Criminal petition is allowed.
The petitioner is directed to be enlarged on bail in
S.C.No.17 of 2023, pending before the Court of I Additional
District & Sessions Judge, Shivamogga, arising out of Crime
No.65 of 2021 registered by Tunga Nagar Police Station,
Shivamogga District for offences punishable under Sections
143, 144, 147, 148, 109, 324, 307, 448, 506, 120B, 326, 397
R/w Section 149 of IPC, subject to the following conditions:
a) The petitioner shall execute a personal
bond for a sum of Rs.1,00,000/- (Rupees One Lakh
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only) 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.
f) The petitioner shall appear before the Station
House Officer, Tunga Nagar Police Station on every
first and third Sunday of the month between 10.30
a.m. and 02.00 p.m. and mark his attendance, till
the case registered against him is disposed of.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
NMS
List No.: 1 Sl No.: 52
