- 1 - HC-KAR NC: 2025:KHC:36807 CRL.P No. 9467 of 2025 C/W CRL.P No. 11304 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.9467 OF 2025 C/W CRIMINAL PETITION NO.11304 OF 2025 IN CRL.P NO.9467/2025: BETWEEN: SRI. MOHAMMED FAIZAL S/O ABDUL HAMEED, AGED ABOUT 26 YEARS, R/AT MORTANA HOUSE, KADAMBAR POST, MANJESHWARA, KASARAGOD DISTRICT KERALA STATE - 671 348. …PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE) AND: STATE BY ULLAL POLICE STATION, MANGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU. 560 001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36807 CRL.P No. 9467 of 2025 C/W CRL.P No. 11304 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN C.C.NO.418/2025 (CR.NO.35/2025. REGISTERED BY THE ULLALA P.S), FOR THE OFFENCES PUNISHABLE UNDER SECTION 111 OF THE BNS, 2023 AND SECTIONS 3(1) AND 25 ARMS ACT, ON THE FILE OF VII JMFC COURT MANGALURU. IN CRL.P NO.11304/2025: BETWEEN: MOHAMMAD SALI, S/O MOHAMMED, AGED ABOUT 31 YEARS, R/AT MORATHANA HOUSE, MORTHANA KADAMBAR POST, MNAJESHWARA, KASARGOD DISTRICT, KERALA-671 323. ...PETITIONER (BY SRI. SACHIN B.S., ADVOCATE) AND: THE STATE OF KARNATAKA BY ULLAL POLICE, DAKSHINA KANNADA, REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU- 560 001. ...RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL UNDER SECTION 483 OF BNSS IN CONNECTION WITH CRIME NO.0035/2025 (C.C.NO.418/2025) REGISTERED BY ULLAL POLICE, ON - 3 - HC-KAR NC: 2025:KHC:36807 CRL.P No. 9467 of 2025 C/W CRL.P No. 11304 of 2025 THE FILE OF VII JMFC COURT, MANGALURU, DAKSHINA KANNADA, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 3(5), 111 OF BNS, 2023 AND UNDER SECTIONS 3(1), 25(1B)(a) OF INDIAN ARMS ACT, 1959. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER These two petitions arise out of Crime No.35/2024 of Ullal Police Station, registered for the offence punishable under Section 111 of BNS, 2023 and Section 3(1) and 25 of the Arms Act, 1959. 2. Heard the learned counsel for petitioners, learned HCGP for the State and perused the material on record. 3. It is the case of prosecution that on 13.03.2025 at about 08.00 a.m. the PSI, CCB unit, Mangalore received a credible information that two persons are illegally selling narcotic drugs and they are carrying arms without any license and roaming in a white colour Volkswagen car at Devipura Bhajangri, Thalapady, Ullal Taluk. On receiving the said information, he obtained permission from his - 4 - HC-KAR NC: 2025:KHC:36807 CRL.P No. 9467 of 2025 C/W CRL.P No. 11304 of 2025 higher officer, secured panchas and went to the spot at about 09.45 a.m. wherein they noticed a Volkswagen car bearing Registration No.MH-02 BT 2287 and two persons present in the said car. The said two persons (Accused Nos.1 and 2), on enquiry, revealed their name and address. From accused No.1, a pistol, two live cartridges and mobile phone were recovered and from accused No.2, a mobile phone and car key were recovered. It is further alleged that on 15.03.2025, accused No.3 was arrested and from his possession a pistol, live cartridge and a mobile phone were recovered. 4. Crl.P.No.9467/2025 is preferred by accused No.3 and Crl.P.No.11304/2025 is preferred by accused No.2. 5. According to prosecution, both accused Nos. 1 and 2 were apprehended together and they are involved in illegal sale and purchase of arms. It is contended by the learned HCGP that petitioners are habitual offenders against whom several criminal cases are registered in - 5 - HC-KAR NC: 2025:KHC:36807 CRL.P No. 9467 of 2025 C/W CRL.P No. 11304 of 2025 Karnataka and Kerala. He contended that in view of the criminal antecedents, petitioners are not entitled for bail. 6. Learned counsel appearing for accused No.2 contended that even if the allegation against the said accused that he was along with the accused No.1, is accepted, it cannot be said that he has committed any offence, since no incriminating material has been recovered from him. He submitted that the police have foisted a false case against the said accused. 7. Learned counsel appearing for accused No.3 contended that only on the voluntary statement of accused Nos.1 and 2, the said accused has been arrested. She contended that alleged recovery of pistol and live cartridge is stage managed and no narcotic drugs, as alleged in the complaint, has been recovered from any of the accused. 8. Learned counsel for the petitioners submitted that the investigation is completed and charge sheet is filed. Therefore, by imposing any conditions, petitioners may be enlarged on bail. - 6 - HC-KAR NC: 2025:KHC:36807 CRL.P No. 9467 of 2025 C/W CRL.P No. 11304 of 2025 9. Learned HCGP has contended that Section 111 of BNS, 2023 has been invoked in the case. He submitted that further investigation is pending, as some of the accused are absconding. 10. The fact that there are several cases registered against the petitioners is not in dispute. The learned Sessions Judge dismissed the bail application considering the criminal antecedents and facts of the case. 11. At this stage, petitioners are not entitled for the relief of bail. It is open for the petitioners to file a fresh bail petition before the Sessions Court, if further investigation is not completed within a period of three months from today or on any changed circumstances. With that liberty, petitions are dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 30