- 1 - HC-KAR NC: 2025:KHC:35392 CRL.P No. 10651 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10651 OF 2025 BETWEEN: 1. MALLIQ @ DAVUD MALLIK S/O SWOKATH ALI AGED ABOUT 30 YEARS. 2. IMRAN ALI S/O SWOKATH ALI AGED ABOUT 32 YEARS. 3. SHAREEF @ IRFAN ALI S/O SWOKATH ALI AGED ABOUT 31 YEARS. 4. NOUSHAD ALI S/O SWOKATH ALI AGED ABOUT 26 YEARS. 5. KAIFE @ MAHAMMED KAIF S/O MOHAMMED SHABUDDIN AGED ABOUT 23 YEARS. PETITIONERS No.1 TO 5 ARE R/AT: No.74, MUSLIM COLONY HONNEBAGI VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT- 577 213. &PETITIONERS (BY SRI NARAYANASWAMY K N, ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35392 CRL.P No. 10651 of 2025 AND: THE STATE OF KARNATAKA CHANNAGIRI POLICE STATION REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS BENGALURU-560 001. &RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL U/S 438 OF CRPC FOR THE OFFENCEES P/US 109(1), 118(1), 190, 189(2), 191(2), 191(3), 352, 351(2) OF BNS 2023, AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF ARREST IN CR.NO.358/2025 OF CHANNAGIRI POLICE STATION AND PENDING ON THE FILE OF I ADDL. CIVIL JUDGE AN JMFC , CHANNAGIRI AND ETC., THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are seeking pre-arrest bail in a case registered against them in Cr.No.358/2025 of Channagiri Police Station, Davanagere, for the offence punishable under Sections 109(1), 118(1), 190, 189(2), 191(2), 191(3), 352, 351(2) of BNS, 2023. - 3 - HC-KAR NC: 2025:KHC:35392 CRL.P No. 10651 of 2025 2. One Smt.Mubeena Bhanu, w/o Syed Ghani Sab lodged a complaint with the respondent - police alleging that on 19.06.2025 when her son had been to Tarikere fair, one Malliq (A1) picked up quarrel with him with regard to property dispute. Thereafter on 20.06.2025 at about 10.00 A.M. all the accused forming an unlawful assembly came to the shop where her husband Syed Ghani Sab was doing business and abused him in filthy language and dragged him out of the shop. Accused No.1, with an intention to commit murder, assaulted him with a chopper on his head and fingers causing bleeding injuries. When her children Syed Tanveer, Syed Abrar and Syed Nyamath tried to rescue him, Naushad Ali (A5), Kaif (A6), Mallik (A1) and Shoukath Ali (A4) assaulted them with ripis patti and iron rod all over the body, causing bleeding injuries etc. 3. Learned counsel for the petitioners submits that petitioner Nos.1, 3, 4 and 5 (A1, A3, A5 and A6) have - 4 - HC-KAR NC: 2025:KHC:35392 CRL.P No. 10651 of 2025 been arrested and therefore, their prayer seeking anticipatory bail may not survive. 4. A perusal of the complaint does not indicate that petitioner No.2/Accused No.2 has assaulted any of the injured persons. The allegations that even he came along with other accused with a common object etc., is a matter which has to be established in due course. Petitioner has no criminal antecedents. Hence, the relief sought by him can be granted by imposing conditions. Accordingly, the following: ORDER Petition is partly allowed. Petition in respect of petitioner Nos.1, 3, 4 and 5 (A1, A3, A5 and A6) is dismissed as having become infructuous. Petition is allowed in respect of petitioner No.2/accused No. 2 namely Imran Ali, S/o of Shaukath Ali. - 5 - HC-KAR NC: 2025:KHC:35392 CRL.P No. 10651 of 2025 Petitioner/accused No.2 in Crime No.358/2025 registered by Channagiri Police Station, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with a surety for the likesum. b) He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 68