- 1 - NC: 2025:KHC:11489 CRL.P No. 3182 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3182 OF 2025 BETWEEN: MOHAMMAD SAFEEQ AGED ABOUT 24 YEARS S/O. SHAHUL HAMEED R/AT D. NO. 14/48 MADDA HOUSE B. MOODA, JODUMARGA BANTWALA TALUK D.K. DISTRICT - 574 219. …PETITIONER (BY SRI ABDUL ANSAR P, ADV.) AND: THE STATE BANTWALA TOWN P.S REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF ARREST BY RESPONDENT POLICE IN FIR REGISTERED BY BANTWALA TOWN POLICE IN CR.NO.188/20024, FOR THE OFFENCES P/U/S 324(4),352,351(2),118(1),109,309(4),3(5) OF BNS, 2023, Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11489 CRL.P No. 3182 of 2025 PENDING ON THE FILE OF THE HONBLE COURT OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC, AT BANTWALA, D.K. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.4 in Crime No.188/2024 registered by Bantwala Town Police Station, Dakshina Kannada, for the offences punishable under Sections 324(4), 352, 351(2), 118(1), 109, 309(4) and 3(5) of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.188/2024 was registered by Bantwala Town Police Station, Dakshina Kannada, for the aforesaid offences against Sahul S H and three others based on the first information submitted by Mohammad Irfan S/o Husain. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.1124/2024 before the jurisdictional Sessions Court which was rejected on 10.01.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:11489 CRL.P No. 3182 of 2025 4. Learned counsel for the petitioner submits that in respect of the alleged incident that had taken place on 11.12.2024, case and counter case has been registered in Crime No.187/2024 and Crime No.188/2024 by the same Police Station. Accused No.1 in the present case has been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.675/2025. Accused Nos.2 to 4 in the present case are the sons of accused No.1. By making omnibus allegations, they are arraigned as accused in the present case. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. A perusal of the material on record would go to show that in respect of the alleged incident that had taken place on the intervening night of 11.12.2024 and 12.12.2024, case and counter case has been registered by Bantwal Town Police Station, Dakshina Kannada in Crime No.187/2024 and Crime No.188/2024. FIR in Crime No.187/2024 was registered based on the first information submitted by Sahul S H, who is arraigned as accused No.1 in Crime No.188/2024. Father of the - 4 - NC: 2025:KHC:11489 CRL.P No. 3182 of 2025 first informant in the present case is arraigned as accused No.1 in Crime No.187/2024. FIR in Crime No.187/2024 is registered for the offences punishable under Sections 61, 189(2), 191(2), 191(3), 329(4), 115(2), 118(1), 74, 352, 351(2), 109, 324(4), 309(4), 310(2) and 190 of BNS, 2023 and Section 12 of POCSO Act, 2012. Considering the averments found in the first information which has resulted in registration of FIR in Crime No.187/2024 and also considering the fact that allegations as against the petitioner in the first information which has resulted in registration of Crime No.188/2024 is general and omnibus, I am of the opinion that the prayer made by the petitioner, who has no other criminal antecedents for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.188/2024 registered by Bantwala Town Police Station, Dakshina Kannada, for the offences punishable under Sections 324(4), 352, 351(2), 118(1), 109, 309(4) and 3(5) of BNS, 2023, subject to the following conditions: - 5 - NC: 2025:KHC:11489 CRL.P No. 3182 of 2025 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. SD/- (S VISHWAJITH SHETTY) JUDGE DN