- 1 - HC-KAR NC: 2025:KHC:41376 CRL.P No. 13412 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13412 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SUHAIL RAFIQ KHURESHI @ BABA S/O. RAFIQ KHURESHI AGED ABOUT 27 YEARS #1299, LIG KALYANAGIRI NAGAR MYSURU-570 019. 2. IRFAN KHURESHI S/O. RAFIQ KHURESHI AGED ABOUT 20 YEARS, # 4164, HCJ ROAD, FARM COLONY, K.N. PURA UDAYAGIRI MYSURU - 570 019. …PETITIONERS (BY SRI. RAJA K P, ADVOCATE) AND: 1. STATE BY UDAYAGIRI POLICE MYSURU-570 019, REPRESENTED BY HIGH COURT OF KARNATAKA AT BENGALURU SPECIAL PUBLIC PROSECUTOR BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41376 CRL.P No. 13412 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME No.182/2025 OF UDAYAGIRI POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 109, 126(2), 54 R/W 3(5) OF BNS, WHICH IS PENDING BEFORE THE LEARNED 2ND ADDL.CIVIL JUDGE AND JMFC COURT, JLB ROAD, MYSORE CITY AND ETC., THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused Nos. 2 and 3 under Section 482 of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the BNS) praying to grant anticipatory bail in crime No. 182/2025 of Udayagiri Police Station registered for offences punishable under Sections 109, 126(2), 54 read with Section 3(5) of BNS. 2. Heard learned counsel for petitioners and Learned Additional SPP for respondent - State. 3. Learned counsel for petitioners would contend that no serious overt acts are alleged against petitioners - accused Nos. 2 and 3. Serious overt acts are alleged against accused No. 1 who is stated to have assaulted the - 3 - HC-KAR NC: 2025:KHC:41376 CRL.P No. 13412 of 2025 injured and accused No. 4 who is stated to have held the injured. The petitioners are ready to co-operate with the Police in the investigation. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that investigation is in progress. There are eyewitnesses to the incident. With this, she prayed for dismissal of the petition. 5. Having heard learned counsel for the parties, this Court has perused the FIR, complaint and other materials placed on record. 6. A perusal of the first information filed by the mother of the injured indicates that the injured told her regarding the incident that accused Nos. 1 and 4 came when he was taking meals and accused No. 1 held injured and assaulted with knife on his cheek, chest, stomach, back and other parts of the body and caused injury. Accused Nos. 2 and 3 came there and accused No. 2 told accused No. 1 to finish the injured and accused Nos. 3 and - 4 - HC-KAR NC: 2025:KHC:41376 CRL.P No. 13412 of 2025 4 sat on the injured. Considering the said aspects, there are no serious overt acts alleged against petitioners - accused Nos. 2 and 3. The petitioners have undertaken to cooperate with the Police in the investigation and to abide by any conditions to be imposed by this Court. Petitioners have made out case for grant of anticipatory bail with conditions. 7. In the result, the following; O R D E R Petition is allowed. Petitioners are ordered to be released on bail in the event of their arrest in crime No. 182/2025 of Udayagiri Police Station subject to following conditions: I. Petitioners shall appear before the Investigating Officer within 15 days from this day and execute a bail bond for sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the Investigating Officer. - 5 - HC-KAR NC: 2025:KHC:41376 CRL.P No. 13412 of 2025 II. Petitioners shall cooperate with the Police in the investigation. III. Petitioners shall not tamper the prosecution witnesses either directly or indirectly. IV. Petitioners shall appear before the trial Court on all dates hearing, unless exempted, and cooperate in speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 17 Ct.sm