- 1 - HC-KAR NC: 2026:KHC:23024 CRL.P No. 3533 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL PETITION NO. 3533 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: ABDUL RAKIB ASADI S/O ABDUL RASHEED, AGED ABOUT 21 YEARS, R/AT ASPAK MANZIL, NEAR SALIYATH ENGLISH MEDIUM SCHOOL, HOODE, MALPE UDUPI DISTRICT UDUPI - 576 115. …PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE) AND: THE STATE BY UDUPI TOWN POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. ANITHA GIRISH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL, IN THE EVENT OF HIS ARREST IN Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23024 CRL.P No. 3533 of 2026 CRIME NO. 100/2024 OF UDUPI TOWN POLICE STATION (SC NO.02/2025, ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI), REGISTERED FOR OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148, 341, 324, 307, 149, 212 OF IPC AND SECTIONS 3, 25(1B) OF ARMS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Accused No.2 in Crime No.100/2024 registered before the Udupi Police Town for offences punishable under Sections 143, 147, 148, 341, 324, 307, 149 and Section 27 of the Arms Act 1959 is before the Court seeking anticipatory bail. 2. Case to the prosecution is that complainant named Mohammed Shareef and Mohammed Ashiq-accused No.1 were friends. Mohammed Ashiq-accused No.1 was earlier under confinement and he had come out of the prison about 2 months prior to the date of incident. Mangalore police were in search of accused No.1. Complainant had given the information to the police about the whereabouts of accused No.1. This had enraged accused No.1 and his friends who had conspired to attack the complainant. Accordingly on 18.05.2024, when the - 3 - HC-KAR NC: 2026:KHC:23024 CRL.P No. 3533 of 2026 complainant having received the information of accused No.1 being at Manipal, was proceeding in his Swift car to inform the police. At that time, accused No.4 driving his car bearing Registration No.K.A.13-N-3734 dashed the car of the complainant. Other accused persons including the petitioner herein got down from the said car and brandished sword towards the complainant threatening him with dire consequences. Though the complainant managed to escape, accused persons chased his car and dashed from the rear side causing complainant to fall down and sustain injuries. 3. Based on the said complaint, present case came to be registered for the offences punishable as above. 4. Learned counsel for petitioner submits that no allegation of any overtact is attributed to the petitioner herein except stating that he had brandished a sword towards the complainant. That petitioner was not aware of the present complaint and he was informed of the same by the accused No.1 after filing of the charge sheet wherein the petitioner has been shown as absconding. She submits complaint itself revealed previous enmity between the complainant and - 4 - HC-KAR NC: 2026:KHC:23024 CRL.P No. 3533 of 2026 accused No.1 which has resulted in false implication of the accused No.2-petitioner in this case. She submitted accused Nos.1, 6 and 8 have already been granted bail. Any condition that may be imposed by this Court and same would be abided. 5. Learned HCGP on the other hand opposing the petition submits that the accused is involved in various criminal cases pending investigation for enquiry and is a habitual offender and not attending the cases regularly, if granted bail the same would be misused. Hence seeks for rejection of the petition. 6. Heard and perused the records. 7. Complaint averments as noted above, except alleging that accused No.2-petitioner herein who had got out of the car of the accused No.4 enroute to Manipal and had brandished a sword towards the complainant, there is no allegation of any other overt act resulting in any injury being caused to the complainant by the accused No.2-petitioner. Further averments in the complaint reveal that due to the rash driving of accused No.4, complainant fell down and sustained injuries. Case has - 5 - HC-KAR NC: 2026:KHC:23024 CRL.P No. 3533 of 2026 been registered on 26.05.2024. Charge sheet has been filed and the case has already been committed for trial. 8. In the light of the allegations made in the complaint noted above and in the absence of any prima facie case made out against the accused No.2-petitioner, this Court deems it appropriate to grant bail as sought. Accordingly following: ORDER Petitioner is directed to be enlarged on bail in the event of his arrest in Crime No.100/2024 registered by the Udupi Town Police Station for the offences punishable under Sections 143, 147, 148, 341, 324, 307, 149 and Section 27 of the Arms Act 1959, subject to following conditions: 1. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(One lakh only) with two sureties for the likesum to the satisfaction of the trial Court. 2. Petitioner shall appear before the Investigation Officer within 10 days from the date of receipt of certified copy of this order and extend full co- operation in the investigation of the matter. - 6 - HC-KAR NC: 2026:KHC:23024 CRL.P No. 3533 of 2026 3. Petitioner shall appear before the trial Court and obtain regular bail within 15 days from the date of receipt of certified copy of this order. 4. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 5. Petitioner shall not tamper with the prosecution witness. 6. Petitioner shall not involve in similar offences in future. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 3 Sl No.: 6