- 1 - HC-KAR NC: 2025:KHC:50461 CRL.P No. 14697 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14697 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. PARVEZ AHMED AGED ABOUT 36 YEARS S/O. MOHAMMED YASIN RESIDENTS OF GULLANPETE VILLAGE AND POST (AS PER ORDER COPY) PARVEEZ AHMED AGED ABOUT 36 YEARS S/O MAHAMMED YASSEN NEAR J V S SCHOOL MACHGONDANAHALLI SATHIHALLI, CHICKMAGALURU KARNATAKA - 577 111. (AS PER ADHAR CARD) 2. JIBREEZ AHMED AGED ABOUT 48 YEARS S/O. MOHAMMED YASIN RESIDENTS OF GULLANPETE VILLAGE AND POST (AS PER ORDER COPY) JIBREEZ AHMED AGED ABOUT 48 YEARS S/O. MOHAMEED YASEEN EDGHA MAHALLA MACHGONDANAHALLI GULLANPETE, HANDI Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50461 CRL.P No. 14697 of 2025 CHIKKAMAGALURU KARNATAKA - 577 111. (AS PER ADHAR CARD) 3. IDRIS AHMED AGED ABOUT 42 YEARS S/O. MOHAMMED YASIN RESIDENTS OF GULLANPETE VILLAGE AND POST (AS PER ORDER COPY) IDRIS AHMED S/O. MAHMAD YASEEN IDGA MOHALLA VILLAGE, MACHAGONDANAHALLI CHIKAMAGALURU GULLANPET, CHIKMAGALURU KARNATAKA - 577 111. (AS PER ADHAR CARD) 4. NIZAM AGED ABOUT 42 YEARS S/O MOHAMMED YASIN RESIDENTS OF GULLANPETE VILLAGE AND POST (AS PER ORDER COPY) NIZAMUDDIN C/O. MOHAMMED YASEEN EDGA MAIDANA MACHAGONDANAHALLI CULLANPET POST CHIKKAMAGALURU TALUK SATHIHALLI, CHIKKAMAGALURU KARNATAKA - 577 111. (AS PER ADHAR CARD) 5. SABDAR AGED ABOUT 43 YEARS S/O. MOHAMMED YASIN RESIDENTS OF GULLANPETE VILLAGE AND POST - 3 - HC-KAR NC: 2025:KHC:50461 CRL.P No. 14697 of 2025 (AS PER ORDER COPY) GULREEZ AHAMED AGED ABOUT 43 YEARS EDGA MOHALLA, MACHAGONDANAHALLI SATHIHALLI, GULLANPETE CHIKMAGALURU KARNATAKA - 577 111. (AS PER ADHAR CARD) …PETITIONERS (BY SRI P E SURESH, ADVOCATE FOR SRI UTSAV GOWDA P. S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ALDUR P.S., CHIKKAMAGALURU REP. BY STATE PUBLIC PROSECUTOR BANGALORE. REPT. BY ITS SPP HIGH COURT BUILDING BENGALORE – 560 001. …RESPONDENT (BY SMT. PUSHPALTHA ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 352, 109, 118(1), 351(2), 351(3), 190 OF BNS IN CR.No.123/2025, ALDUR P.S ON THE FILE OF PRL.CIVIL JUDGE (JR.DN.) AND JMFC, COURT, CHICKMAGALURU DISTRICT. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 4 - HC-KAR NC: 2025:KHC:50461 CRL.P No. 14697 of 2025 ORAL ORDER This petition is filed by accused Nos.1 to 5 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.123/2025 of Aldur Police Station, registered for offences punishable under Section 352, 109, 118(1), 351(2) 353(3), 190 of BNS. 2. Heard learned counsel for the petitioner and learned Addl.SPP for respondent/State. 3. Learned counsel for the petitioner would contend that the complaint has been filed on 06.09.2025 and FIR has been dispatched at 10.30 p.m. on 06.09.2025 and it reached the Magistrate at 11.00 a.m. on 08.09.2025. Therefore, there is a delay in sending the FIR. The alleged dispute is with regard to fixing of a flex and with regard to Jamia Masjid with two groups. There was quarrel between two groups and persons belonging to two groups have sustained injuries. Accused No.4 as per averments of the complaint, was holding three weapons at that time. The - 5 - HC-KAR NC: 2025:KHC:50461 CRL.P No. 14697 of 2025 injured persons have been discharged from the hospital. Petitioner No.5 has filed complaint and it came to be registered in Crime No.125/2025 and he has sustained injury on his right forearm. Injured Siraj Ali has shown the spot and mahazar has been drawn, wherein five weapons have been seized. The criminal antecedents pertains to the dispute among the petitioners and the injured party with regard to Masjid. On these grounds, he prayed to allow the petition. 4. Per contra, learned Addl.SPP would contend that there is also delay in lodging the complaint as it is registered on 09.09.2025 and the incident has taken place on 06.09.2025. Siraj Ali has sustained 3 injuries and out of them one is stated to be grievous injury. The other injured have sustained simple injuries. She further submits that there are three eyewitnesses to the incident. In the order sheet of the trial Court, it is noted that the documents pertaining to hospital produced are not of Wenlock Hospital, Mangaluru. The petitioners are required for - 6 - HC-KAR NC: 2025:KHC:50461 CRL.P No. 14697 of 2025 custodial interrogation. The petitioners are having criminal antecedents and they are involved in 12 cases. If the petitioners are granted anticipatory bail, they will again commit similar offences and hamper the investigation and tamper the prosecution of witnesses. With this, she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused FIR, complaint and other materials placed on record. 6. On the basis of a complaint filed by one Mohammed Afnan, a case came to be registered against the petitioners in Crime No.123/2025 for the afore stated offences. In the complaint, it is alleged that the quarrel took place on 06.09.2025 with regard to the flex fixed in Jamia Masjid. In the said quarrel, accused No.1 abused the complainant at 09.10 a.m. On the same day at 03.30 p.m. accused Nos.2 and 3 have held both hands of the complainant and pushed him and at that time accused No.1 abused him and assaulted on his head. Accused No.4 - 7 - HC-KAR NC: 2025:KHC:50461 CRL.P No. 14697 of 2025 assaulted him with a rod on his head, accused No. 5 assaulted him with a club on his hands and legs, accused No.2 assaulted with a fiber pipe on his back. Accused No.4 by showing machette threatened the complainant to kill all his family members. At that time two persons came to pacify the quarrel and accused No.4 assaulted with club on head. Accused No.4 assaulted Tabrez Ali on his head and waist. Accused No.1 assaulted Iftiqar Ali and accused No.5 pushed him and assaulted with a club. At that time, Siraj Ali and Gayas Ali came to pacify the quarrel. At that time, accused Nos.1 to 4 abused them in filthy language and assaulted them with rod and club and caused injury. 7. Considering the above aspects, there is serious overt act alleged against each of the petitioners/accused Nos.1 to 5, assaulting four injured persons with deadly weapons. On perusal of the wound certificate of the injured, Siraj Ali has sustained 3 injuries and out of them, one is grievous. Tabrez Ali has sustained 3 simple injuries, Gayaz Ali has sustained 4 simple injuries, and Mohammed - 8 - HC-KAR NC: 2025:KHC:50461 CRL.P No. 14697 of 2025 Afnan Ali has sustained 4 simple injuries. As submitted by the learned Additional SPP, there are 12 cases registered against all the petitioners. Considering the same, all the petitioners are having criminal antecedents. Considering all above aspects, the petitioners have not made out any case for grant of discretionary relief of anticipatory bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 13 Ct.sm