- 1 - NC: 2025:KHC:15675 CRL.P No. 4217 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4217 OF 2025 BETWEEN: MUSTAK AHMED ONIKERI S/O MARDANA SAAB, AGED ABOUT 41 YEARS, D.NO.765, MIG-2, NEAR YARUB MASQUE, KALYANAGIRI NAGARA, MYSURU - 19. (NOW IN JUDICIAL CUSTODY, CENTRAL PRISON, MYSURU) …PETITIONER (BY SRI. KALEEM SABIR, ADVOCATE) AND: THE STATE OF KARNATAKA UDAYAGIRI POLICE STATION MYSURU CITY - 570 019 (REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR) HIGH COURT OF KARNATAKA AT BANGALORE PIN - 560 001 …RESPONDENT (BY SMT. PUSHPALATHA .B., ADDL.S.P.P.) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL IN CR.NO.19/2025 OF UDAYAGIRI POLICE STATION, MYSURU IN CRL.MISC.NO.334/2025, WHICH IS PENDING ON THE FILE OF HONBLE 2ND ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, JLB ROAD, MYSORE CITY FOR U/S 126(2), 189(2), 189(4), 189(3), 191(1), 191(2), 191(3), 132, 118(1), 110, 121(1), 352, 324(4), 190 OF THE BNS, 2023 R/W SEC. Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:15675 CRL.P No. 4217 of 2025 3 OF PREVENTION OF DAMAGE TO PUBLIC PROPERTY AT, 1984 WITH A DIRECTION TO RELEASE THEM ON BAIL ON SUCH TERMS AND CONDITIONS. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.15 in Crime No.19/2025 registered by Udayagiri Police Station, Mysuru, for offences punishable under Sections 126(2), 189(2), 189(4), 189(3), 191(1), 191(2), 191(3), 132, 118(1), 110, 121(1), 352, 324(4), 324(5), 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and under Section 3 of Prevention of Damage to Public Property Act (for short, 'PDPPA') are before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.19/2025 was registered by Udayagiri Police Station, Mysuru, against approximately 1000 people not known for the aforesaid offences on the basis of the first information dated 11.02.2025 received from Sunil.C.N - Police Officer attached to Udayagiri Police Station, Mysuru. - 3 - NC: 2025:KHC:15675 CRL.P No. 4217 of 2025 4. During the course of investigation of the case, petitioner herein was arrested on 22.02.2025 and subsequently, remanded to judicial custody. Bail application filed by the petitioner in Crl.Mis.No.334/2025 before the Jurisdictional Sessions Court was rejected on 19.03.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that petitioner has no criminal antecedents. Similarly situated accused Nos. 1, 7, 11 and 13 in the present case have been granted regular bail. Accordingly, he prays to allow the petition. 6. Per contra, learned Additional SPP has opposed the petition. 7. Perusal of the material on record would go to show that, FIR was registered in the present case against 1000 unknown persons. Allegation against the accused is that they had gathered near Udayagiri Police Station demanding to hand over one Panduranga @ Satish, who is an accused in Crime No.18/2025 registered by Udayagiri Police Station, and thereafter, suddenly thousands of youngsters started obstructing movement of vehicles and also started pelting - 4 - NC: 2025:KHC:15675 CRL.P No. 4217 of 2025 stones towards the police station, resulting in damaging the public vehicles and also causing loss to public property. It appears that incident in question was as a result of riot and FIR was registered against 1000 unknown persons. Accused Nos. 1, 7, 11 and 13 have been granted regular bail by this Court in Crl.P.Nos.3856, 3885, 3914 and 3917 of 2025 disposed of on 28.03.2025. Petitioner is in custody from 22.02.2025. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.19/2025 registered by Udayagiri Police Station, Mysuru, for offences punishable under Sections 126(2), 189(2), 189(4), 189(3), 191(1), 191(2), 191(3), 132, 118(1), 110, 121(1), 352, 324(4), 324(5), 190 of BNS and under Section 3 of PDPPA, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the - 5 - NC: 2025:KHC:15675 CRL.P No. 4217 of 2025 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. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 64