- 1 - NC: 2025:KHC:8861 CRL.P No. 1848 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1848 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. MR. VINAY KUMAR S/O. SRI. GOPAL MESTHA, AGED ABOUT 35 YEARS, R/AT NO.10/159, CHATINA GADDE, SHIRURU, BYNDOOR TALUK, UDUPI-576214. 2. MR. SHRINATH MESTHA, S/O. SRI. PARAMESHWARA MESTHA, AGED ABOUT 32 YEARS, R/AT NO.10-114, NEW COLONY, SHIRURU, BYNDOOR TALUK, UDUPI-576 214. 3. MR. SHANKAR V. MESTHA, S/O. SRI. VASU MESTHA, AGED ABOUT 45 YEARS, R/AT NO.9-56, HADIVANA KONE, SHIRURU, BYNDOOR TALUK, UDUPI-576 214. 4. MR. ANNAPPA V. MESTHA, S/O. SRI. VITTAPPA MESTHA, AGED ABOUT 44 YEARS, R/AT 1-95, MOORKODI, ALANDOOR, YEDTHARE, UDUPI-576 214. 5. MR. RAMANATH P MESTHA, S/O. LATE PARAMESHWARA MESTHA, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:8861 CRL.P No. 1848 of 2025 AGED ABOUT 56 YEARS, R/AT 11/3, SANKADA GUNDI, SHIRURU, BYNDOOR TALUK, UDUPI-576 214. 6. MR. BHARATH MESTHA, S/O. SRI. HANUMANTHA G MESTHA, AGED ABOUT 56 YEARS, R/AT NO.10/160, SCHOOL BACK SIDE, KULLIBERMU, HADVINKONE, SHIRURU, BYNDOOR TALUK, UDUPI-576 214. 7. MR. KARTHIK MESTHA, S/O. SRI. PARAMESHWARA MESTHA, AGED ABOUT 34 YEARS, R/AT NO.12/439, ALVEGADDE, SHIRURU, BYNDOOR TALUK, UDUPI-576 214. …PETITIONERS (BY SRI. KIRAN N., ADVOCATE) AND: STATE OF KARNATAKA BY BYNDOOR POLICE STATION, UDUPI-576 214. REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT IN CONNECTION WITH CRIME NO.12/2025 REGISTERED BY THE BYNDOOR POLICE STATION, PENDING ON THE FILE OF CIVIL JUDGE AND J.M.F.C. COURT, BYNDOOR, UDUPI DISTRICT FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION - 3 - NC: 2025:KHC:8861 CRL.P No. 1848 of 2025 189(2), 191(2), 118(1), 191(3), 115(2), 109, 119(1), 352, 351(2), R/W 190 OF THE BHARATIYA NYAYA SANHITA (BNS), 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioners, the learned HCGP for State and perused the material on record. 2. Cr.No.12/2025 of Byndoor Police Station is registered against accused Nos.1 to 10 for offences punishable under Sections 189(2), 191(2), 118(1), 191(3), 115(2), 109, 119(1), 352, 351(2), 190 of BNS, 2023. 3. In the complaint lodged by one Mamatha W/o Nagaraj Venkappa Mestha, she has alleged that on 12.1.2025 at about 9.45 p.m., all the accused formed an unlawful assembly armed with wooden clubs, sticks etc., abused her and others and assaulted and caused injuries - 4 - NC: 2025:KHC:8861 CRL.P No. 1848 of 2025 to Manjunath Mestha, Shashikumar, Sanjay and her husband Nagaraj Mestha. 4. The injured are said to have taken treatment at Government Hospital, Kundapura. The learned High Court Government Pleader has furnished the wound certificates of the injured. The injuries sustained by them are said to be simple in nature. 5. Learned counsel for petitioners has furnished a copy of the FIR registered in Cr.No.11/2025 at Byndoor Police Station against Prabhakar Mestha and three others, in respect of an incident took place on the very same day at about 11.15 p.m., on a complaint lodged by accused No.8-Ramanath Mestha in the present case. In the said case, one Pradeep Mestha and Ramanath Mestha are said to be the injured. The said crime is registered for offences punishable under Section 189(2), 191(2), 191(3), 329(3), 115(2), 109, 324(3), 352 and 190 of BNS, 2023. - 5 - NC: 2025:KHC:8861 CRL.P No. 1848 of 2025 6. It is contended by the learned counsel that after registration of Cr.No.11/2025 on 13.1.2025, as a counter blast, the present case is registered against the petitioners and others on 14.1.2025. 7. It is contended by the learned counsel for the petitioners that the petitioners are Members of the Committee namely Sri Durgambika Seva Sangha, association constituted for the administration of goddess Durgamika Temple situated at Shiroor, Kundapura, Udupi and the said Committee is headed by petitioner No.5. 8. From the complaint averments, it appears that there is a dispute with regard to management of a temple. Both the parties have lodged complaints against each other. Petitioners have undertaken to appear before the I.O. and co-operate with the investigation of the case. 9. Considering the facts and circumstances, without expressing any view on the merits of the case, petitioners can be directed to appear before the I.O. and - 6 - NC: 2025:KHC:8861 CRL.P No. 1848 of 2025 co-operate with the investigation of the case. Hence, the following: ORDER 1. Petition is allowed. 2. Petitioners/accused Nos.3 to 6, 8 to 10 in Crime No.12/2025 registered by Byndoor Police Station, shall be released in the event of their arrest, subject to following conditions: a) They shall appear before the Investigating Officer within a period of one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each, with a surety for the likesum. b) They shall furnish their residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. c) They shall co-operate with the investigation of the case. - 7 - NC: 2025:KHC:8861 CRL.P No. 1848 of 2025 d) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) They shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 39 Ct:ar