- 1 - HC-KAR NC: 2025:KHC-D:7368 CRL.P No. 101984 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101984 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: 1. MUSTAFA S/O. MURTUJSAB MOMIN, AGE: 27 YEARS, OCC: BUSINESS, R/O. VIJAY NAGAR COLONY, KUNCHANUR ROAD, JAMKHANDI, DIST. BAGALKOT-587301. 2. ALISAB S/O. SHABBIR ALAGUNDI, AGE: 30 YEARS, OCC: BUSINESS, R/O. WARD NO.6, BHARPET GALLI, AMBEDKAR CIRCLE, JAMKHANDI, DIST. BAGALKOT-587301. 3. SULEMAN S/O. RIYAZAHAMAD GALAGALI, AGE: 25 YEARS, OCC: BUSINESS, R/O. WARD NO.6, BHARPET GALLI, AMBEDKAR CIRCLE, JAMKHANDI, DIST. BAGALKOT-587301. …PETITIONERS (BY SRI. ANWARALI DILAWAR NADAF, ADVOCATE) AND: THE STATE BY JAMAKHANDI RURAL P.S, REPRESENTED BY HIGH COURT GOVT. PLEADER, OFFICE AT: DHARWAD HIGH COURT, DHARWAD-580011. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. (482 OF BNSS), SEEKING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS/ACCUSED NO.1, 2 AND 3 IN CRIME NO.0043/2025 FOR THE OFFENCE PUNISHABLE U/S.299, 351(2), 3(5) OF BNS AND SECTION 5 OF THE KARNATAKA PROTECTION OF RIGHT TO FREEDOM OF RELIGION ORDINANCE 2022 ACT, PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, JAMAKHANDI AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7368 CRL.P No. 101984 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard the learned counsel for the petitioners and the learned HCGP for the respondent – State. 2. The petitioners have filed bail application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 [BNSS] seeking anticipatory bail in connection with Jamkhandi Rural Police Station in Crime No.43/2025 for the offences punishable under Sections 299, 351(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 5 of the Karnataka Protection of Right to Freedom of Religion Ordinance, 2022. 3. Brief facts of the prosecution case are as under: On 05.04.2025 at about 04:30 p.m. when the first informant had been to Ramathirtha temple at Jamkhandi for darshan, these petitioners were distributing the pamphlets of Islam religion and they were also indulged in teasing Hindu religion. It is further alleged that they were - 3 - HC-KAR NC: 2025:KHC-D:7368 CRL.P No. 101984 of 2025 also indulged in tempting the Hindu devotees of giving money, vehicles, jobs and also tempted of sending them to Dubai countries. It is also alleged that they insisted to convert from their religion to Islam religion. Hence, a case has been registered. This led to registration of FIR and investigation. 4. Learned counsel for the petitioners submitted that the petitioners are innocent and have not committed any of the offences alleged against them and they have no criminal antecedents nor have been involved in any criminal activities. The petitioners are not habitual offenders and have a clean record and they are falsely implicated in the present case. The petitioners in the instant case neither offered nor converted any person to Islam. They were conveying the message of Islam by distributing pamphlets. They are ready to abide by any conditions imposed by this Court. Hence, the learned counsel for the petitioners prayed to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:7368 CRL.P No. 101984 of 2025 5. Learned High Court Government Pleader for the respondent – State contended that the petitioners have committed a serious offence with deliberate and malicious intention of outraging the religious feelings of Hindu community and were indulged in attempting to insult the religious beliefs of Hindu community and they were offering the money, vehicles and jobs to the persons of other community by distributing the pamphlets and also offering of sending them to Dubai countries. Thus, the learned High Court Government Pleader prayed to reject the petition. 6. From the perusal of the materials available on record, it appears that accused Nos.1 to 3 were distributing pamphlets of Islam religion and they were also indulged in teasing Hindu religion, tempting the devotees of giving money, vehicles, jobs and also tempted of sending to Dubai countries. Admittedly, the alleged offences are not punishable with death or imprisonment for life. It is well established principle of law that while - 5 - HC-KAR NC: 2025:KHC-D:7368 CRL.P No. 101984 of 2025 considering the bail application, the Court has to consider the nature of offences, circumstances in which the offences are committed, position and the status of the petitioners, likelihood of they fleeing away from justice, tampering of witnesses, character and antecedent of the accused. Further, the law is well settled that, while disposing of the bail petitions, the Court need not scan the entire prosecution papers and hold a mini trial. 7. Keeping these factors in mind and on careful perusal of the entire material placed on record, this Court is of the opinion that the petitioners are entitled to grant of bail. Accordingly, I proceed to pass the following: ORDER i. The petition is allowed. ii. The petitioners are ordered to be enlarged on bail in the event of their arrest by the respondent – Police on they executing personal bonds for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the Investigating Officer/SHO. - 6 - HC-KAR NC: 2025:KHC-D:7368 CRL.P No. 101984 of 2025 iii. The petitioners shall appear before the Investigating Officer within a period of 15 days from the date of receipt of a copy of this order. iv. The petitioners shall mark their attendance on the first and third Sunday of every month in between 10:00 a.m. to 05:00 p.m. till six months or till filing of the final report whichever is earlier. v. The petitioners shall not tamper with the prosecution witnesses. vi. The petitioners shall not involve in similar offences in future. Violation of any of the above conditions, will entitle the prosecution to seek for cancellation of bail. Sd/- (VENKATESH NAIK T) JUDGE RSH/ CT-AN List No.: 1 Sl No.: 29