- 1 - NC: 2025:KHC:1367 CRL.P No. 12454 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12454 OF 2024 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. FAZIL KHAN, S/O BARKHT ULLA KHAN, AGED ABOUT 29 YEARS, R/O MANDYA ROAD, ABAD MOHALLA, 2ND CROSS, NAGAMANGALA TOWN - 571 432. 2. TOUFEEQ PASH, S/O GOUSE PASH, AGED ABOUT 29 YEARS, R/O MANDYA ROAD, NAGAMANGALA TOWN - 571 432 3. SAYEEDH PASH, S/O GHOUSE PASHA, AGED ABOUT 39 YEARS, R/O HANEEF MOHALLA ROAD, NAGAMANGALA TOWN - 571 432. 4. SADATH PASH, S/O IMADAD PASHA, AGED ABOUT 30 YEARS, R/O MYSORE ROAD, A.D. COLONY, NAGAMANGALA TOWN - 571 432. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:1367 CRL.P No. 12454 of 2024 5. MOHAMMAD ASIFF, S/O ALTHAFF PASH, AGED ABOUT 38 YEARS, R/O MYSORE ROAD, NAGAMANGALA TOWN - 571 432. 6. MUDASEER PASH, S/O SURVER PASH, AGED ABOUT 38 YEARS, R/O MYSORE ROAD, NAGAMANGALA TOWN - 571 432. 7. NADEEM PASH, S/O SYED PASH, AGED ABOUT 38 YEARS, R/O MANDYA ROAD, NAGAMANGALA TOWN - 571 432. 8. WASHEEM ULLA PASH, S/O ALTHAFF PASH, AGED ABOUT 38 YEARS, R/O MYSORE ROAD, NAGAMANGALA TOWN - 571 432. 9. SALMAA, S/O SAFFI ULLA KHAN, AGED ABOUT 29 YEARS, R/O MANDYA ROAD, NAGAMANGALA TOWN - 571 432. …PETITIONERS (BY SRI. HARIPRASAD M.B, ADVOCATE) AND: STATE OF KARNATAKA, BY THE S.H.O, NAGAMANGALA TOWN P.S., - 3 - NC: 2025:KHC:1367 CRL.P No. 12454 of 2024 NAGAMANGALA SUB DIVISION, MANDYA - 571 432, REPRESENTED BY THE PUBLIC PROSECUTOR, COURT COMPLEX, MANDYA. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.88/2024 REGISTERED BY THE RESPONDENT POLICE FOR THE OFFENCE P/U/S 109, 115(2), 118(1), 121(1), 132, 189(2), 189(3), 189(4), 190, 191(1), 191(2), 191(3), 324(4), 324(5), 326(f), 326(g) OF BNS 2023 PENDING BEFORE HONBLE CIVIL JUDGE AND J.M.F.C NAGAMANGALA. 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, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioners are apprehending their arrest in Crime No.88/2024 of Nagamangala Town Police Station, - 4 - NC: 2025:KHC:1367 CRL.P No. 12454 of 2024 registered for offences punishable under Section 109, 115(2), 118(1), 121(1), 132, 189(2), 189(3), 189(4), 190, 191(1), 191(2), 191(3), 324(4), 324(5), 326(f) and 326(g) of BNS 2023. Hence, they have preferred this petition under Section 482 of the BNSS 2023. 3. Petitioners are arraigned as accused Nos.28 to 35 and 42 respectively. The allegations are that on 11.09.2024, at about 07:30 p.m., there was a procession taken by one 'Gaja Pade Yuvakara Sangha' of BhadriKoppalu village, during immersion of Ganesha idol. When the procession reached near Ya Allaha Masjid, there was a commotion and persons belonging to two different community started pelting stones at each other. It is alleged that the said persons assaulted the police who were escorting the procession, with hands and sticks and obstructed them from discharging their duty. 4. The complaint is lodged by the PSI of Nagamangala Town Police Station. As per complaint averments, there were more than 100-150 persons - 5 - NC: 2025:KHC:1367 CRL.P No. 12454 of 2024 present at the place of incident. It is not forthcoming as to how the identity of petitioners came to be revealed. The contention of the learned counsel is that petitioners are falsely implicated in this case. It is also submitted that similarly placed accused whose names appear in the first information report have been enlarged on bail. 5. Considering the above facts and circumstances, petitioners can be directed to appear before the Jurisdictional Court and file necessary applications for regular bail. If any such applications are filed by petitioners / accused Nos.28 to 35 and 42 named in the First Information Report No.88/2024 of Nagamangala Town Police Station, within a period of 15 days from today, they shall be released on bail on the same day with the following conditions: a) They shall execute a personal bond in a sum of Rs.50,000/- each with a surety for the likesum and shall furnish proof of their residential address. - 6 - NC: 2025:KHC:1367 CRL.P No. 12454 of 2024 b) They shall appear before the Investigation Officer within a period of one week from their release and shall co-operate with the investigation of the case. c) They shall not tamper with the prosecution witnesses either directly or indirectly. d) They shall not indulge themselves in committing any offence. e) They shall be regular in attending Court proceedings. Petition is allowed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 29 CT: BHK