- 1 - NC: 2025:KHC:13888 CRL.P No. 4045 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4045 OF 2025 BETWEEN: 1. MOHAMMED HANEEF S/O.ISMAIL AGED ABOUT 67 YEARS. 2. MOHAMMED ANWAR SADATH S/O. MOHAMMED HANEEF AGED ABOUT 34 YEARS. 3. ISMAIL AYYUB S/O MOHAMMED HANEER AGED ABOUT 29 YEARS. 4. MOHAMMED ASHRAF S/O MOHAMMED HANEEF AGED ABOUT 23 YEARS. 5. FATHIMATG BUSHRA D/O MOHAMMED HANEEF AGED ABOUT 30 YEARS. 6. MAIMOONA W/O MAHAMMAD HANEEF AGED ABOUT 56 YEARS. ALL ARE R/AT H.NO-14-283/77A(4) TALAPADY HOUSE, MAFTHLAL LAYOUT, B.MOODA VILLAGE JODUMARGA, BANTWALA TALUK, D.K - 574 219. …PETITIONERS (BY SRI ABDUL ANSAR P, ADV.) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13888 CRL.P No. 4045 of 2025 AND: THE STATE BANTWALA TOWN P.S REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU - 01. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CR.NO.16/2025 REGISTERED BY BANTWALA TOWN P.S., FOR THE OFFENCES P/U/S 115(2),189(2),190,191(2),329(3),351(2),352,74 OF BNS, PENDING ON THE FILE OF HONBLE COURT OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC, BANTWAL, D.K. COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 to 6 in Crime No.16/2025 registered by Bantwala Police Station, Dakshina Kannada District for the offences punishable Sections 115(2), 189(2), 190, 191(2), 329(3), 351(2), 352 & 74 of BNS, 2023 are 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.16/2025 was registered by Bantwala Police Station, Dakshina Kannada District against the petitioners for the aforesaid offences, on the basis of - 3 - NC: 2025:KHC:13888 CRL.P No. 4045 of 2025 first information dated 17.02.2025 received from Smt. Shahanaz, who is the victim lady. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.177/2025 before the jurisdictional Sessions Court, which was rejected on 11.03.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that, there is a property dispute between the parties and it appears that on the complaint of the first informant herein which was submitted to the jurisdictional Town Municipality, a notice has been issued to the accused persons on 21.01.2025 under Section 187 of the Karnataka Municipalities Act, 1964. It appears that in this background, on 16.02.2025 there was a fight between the parties. Though the alleged incident had taken place on 16.02.2025 at about 11 a.m, first information is belatedly submitted on 17.02.2025 at about 14 hours, which is after a period of more than 24 hours. The alleged offences are triable by the Court of Magistrate and maximum - 4 - NC: 2025:KHC:13888 CRL.P No. 4045 of 2025 punishment for the alleged offences is imprisonment for a period of five years. Undisputedly, the petitioner has no criminal antecedents. 5. Considering the aforesaid aspects of the matter, I am of the opinion that the petitioners have made out a case for grant of anticipatory bail. Accordingly, the following: ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.16/2025 registered by Bantwala Police Station, Dakshina Kannada District for the offences punishable Sections 115(2), 189(2), 190, 191(2), 329(3), 351(2), 352 & 74 of BNS, 2023 subject to the following conditions: 1. The petitioners shall appear before the Investigating Officer in the present case within fifteen days from the date of this order - 5 - NC: 2025:KHC:13888 CRL.P No. 4045 of 2025 on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioners shall not tamper with the prosecution witness and they shall co- operate with the Police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS