- 1 - HC-KAR NC: 2025:KHC-D:12950 CRL.P No. 103846 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103846 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: 1. MR. SADDAM @ FAROOQUE AHMED S/O. IMATIYAZ KHATIB, AGE. 34 YEARS, OCC. BUSINESS, R/O. NEAR FISH MARKET, MANIKILLA, TQ. AND DIST. DHARWAD-580 001. 2. MR. BILAL S/O. IMATIYAZ KHATIB, AGE. 28 YEARS, OCC. BUSINESS, R/O. NEAR FISH MARKET, MANIKILLA, TQ. AND DIST. DHARWAD-580 001. 3. MR. IMRAN NAZEER @ IMRAN S/O. ABDUL SATTAR BAHUMANI, AGE. 35 YEARS, OCC. FISH BUSINESS, R/O. MUTTON MARKET, MANIKILLA, TQ. AND DIST. DHARWAD-580 001. 4. MR. SAYED ABRAR @ ABRAR S/O. NOOR AHMED GODIYAL, AGE. 31 YEARS, OCC. LIC AGENT, R/O. 1ST CROSS, KHADRI CIRCLE, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12950 CRL.P No. 103846 of 2025 MALAPUR, TQ. AND DIST. DHARWAD-580 023. … PETITIONERS (BY SRI. MAQBOOLAHAMED M. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH DHARWAD SUB-URBAN P.S., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO ALLOW THE PRESENT PETITION AND GRANT ANTICIPATORY BAIL TO PETITIONERS/ACCUSED NO.1, 2, 4 AND 5 IN DHARWAD SUB-URBAN P.S. CRIME NO.146/2025 WHICH IS REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 118(1), 189(9), 190, 189(3), 189(4), 352, 191, 191(3), 191(2), 351(2) OF BNS PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC, DHARWAD, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12950 CRL.P No. 103846 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1, 2, 4 and 5 in Crime No.146/2025 registered by Dharwad Sub-Urban PS, for the offences punishable under Sections 115(2), 118(1), 189(9), 190, 189(3), 189(4), 352, 191, 191(3), 191(2), 351(2) BNS 2023 are before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.146/2025 was registered by Dharwad Sub-Urban PS for the aforesaid offences against Saddam Khatiba and others based on the first information dated 25.08.2025 received from Mahammad Sadiq Raufkhan who is the father of the alleged victim in the present case. Apprehending arrest in the said case, petitioners who are arraigned as accused nos.1, 2, 4 and 5 in the FIR had filed Criminal Misc.No.381 of 2025 before the - 4 - HC-KAR NC: 2025:KHC-D:12950 CRL.P No. 103846 of 2025 Jurisdictional Sessions Court, which was rejected. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that there is a dispute between the parties with regard to certain monetary transactions and it is in this background, on 24.08.2025, the accused after abusing the victims, who are the sons of the first informant had also assaulted them. The wound certificate of the victims which is made available to this Court by the learned HCGP would go to show that victims have suffered only simple injuries in the incident in question that had taken place on 24.08.2025. Undisputedly, petitioners do not have any criminal antecedent. They have undertaken to co-operate with the police for the purpose of investigation. 5. Under the circumstances, I am of the opinion that the prayer made by the petitioner, for grant of anticipatory bail needs to be answered affirmatively. Accordingly, I proceed to pass the following: - 5 - HC-KAR NC: 2025:KHC-D:12950 CRL.P No. 103846 of 2025 ORDER The 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.146/2025 registered by Dharwad Sub-Urban PS. for the offences punishable under Sections 115(2), 118(1), 189(9), 190, 189(3), 189(4), 352, 191, 191(3), 191(2), 351(2) BNS 2023, subject to the following conditions: i. The petitioners 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/- each with two sureties for the like sum to the satisfaction of the investigating officer. ii. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The petitioners shall not tamper with the prosecution witness and he shall co-operate - 6 - HC-KAR NC: 2025:KHC-D:12950 CRL.P No. 103846 of 2025 with the police for investigation and appear before them whenever called upon. iv. The petitioners shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 24