- 1 - HC-KAR NC: 2026:KHC:20589 CRL.P No. 5833 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL PETITION NO.5833 OF 2026 BETWEEN: 1. S. K. HYDER S/O. S. K. ABOOBAKAR AGED ABOUT 35 YEARS R/AT NO.2-290 (14) BAILAGUTTHU HOUSE, SAJIPANADU D. K. DISTRICT-574 231 2. S. K. DAVUD S/O. S. K. MAHAMMAD AGED ABOUT 32 YEARS R/AT NO.2-30/2 LAKSHMANA KATTE HOUSE SAJIPANADU, BANTWAL TALUK D. K. DISTRICT-574 231 3. ZUBAIR S/O. T. MOHAMMED AGED ABOUT 44 YEARS R/AT FLAT NO.604, CLASSIC PRESIDENCY NEAR NILAGIRIS, OLD POLICE STATION ROAD KANKANADY, MANGALORE D. K. DISTRICT-575 002 4. SYDUDDEEN HYDAR THALEMOGARU S/O. HYDAR THALAMOGARU AGED ABOUT 54 YEARS R/AT NO.1-115, THALEMOGARU HOUSE SAJIAPANADU, BANTWAL D. K. DISTRICT-574 231 Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20589 CRL.P No. 5833 of 2026 5. ABDUL NAWAZ S/O. HYDARAJI AGED ABOUT 45 YEARS R/AT TALE MOGARU HOUSE SAJIPAPADU D. K. DISTRICT-574 231 6. ABDUL GAFOOR S/O. LATE AHAMMAD KUNHI AGED ABOUT 52 YEARS R/AT NO.1-121/A2 TALEMOGARU HOUSE SAJIPANADU POST SAJIPANADU D. K. DISTRICT-574 231 7. MAHAMMAD SHAREEF S/O. HYDER T. AGED ABOUT 36 YEARS R/AT H.NO.1-115, TALEMOGARU HOUSE SAJIPANADU, BANTWAL TALUK D.K. DISTRICT-574 231 8. MOHAMMAD HYDER ASHIK S/O. ASHRAF AGED ABOUT 24 YEARS R/AT H.NO.1-115, TALEMOGARU HOUSE SAJIPANADU POST, SAJIPAPADU, BANTWAL TALUK D. K. DISTRICT-574 231 9. S. K. ASEEF S/O. S. K. MOHAMMED AGED ABOUT 37 YEARS R/AT NO.2, 30/1 LAKSHMANAKATTE HOUSE SAJIPANADU D. K. DISTSRICT-574 231 - 3 - HC-KAR NC: 2026:KHC:20589 CRL.P No. 5833 of 2026 10. 11. S. K. ASHRAFF S/O. S. K. ABOOBAKKAR AGED ABOUT 34 YEARS R/AT NO.2, 290(13), BALLAGUTTU HOUSE SAJIPANADU, BANTWAL TALUK D. K. DISTRICT-574 231 MOHAMMED IRFAN S/O. S. K. SIRAJ AGED ABOUT 20 YEARS R/AT NO.2-21(1) LAKSHMANAKATTE HOUSE SAJIPANADU D.K. DISTRICT-574 231 …PETITIONERS (BY SRI PRATHEEP K. C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY BANTWAL RURAL POLICE STATION D. K. DISTRICT REP. BY S.P.P., HIGH COURT BUILDING BENGALURU-560 001 2. SHOWKATH ALI S/O. ABBONU AGED ABOUT 42 YEARS R/AT NO.3-171/2, CHALLAKALLU HOUSE SAJIPANADU VILLAGE D. K. DISTRICT-574 231 …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, H.C.G.P., FOR R-1; SRI LETHIF B., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED U/S. 438 CR.P.C (U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING - 4 - HC-KAR NC: 2026:KHC:20589 CRL.P No. 5833 of 2026 TO RELEASE THEM ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CR.NO.48/2026 REGISTERED BY BANTWAL RURAL P.S., D.K. DISTRICT, FOR THE OFFENCES P/U/S. 189(2), 191(2), 191(3), 115(2), 118(1), 74, 352, 351(2), 329(3), 109, 190 OF BNS AND U/S. 25(1)(A) OF ARMS ACT, PENDING BEFORE THE ADDL. CIVIL JUDGE (JR.DN.) AND J.M.F.C., BANTWALA, D.K. DISTRICT. 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 This petition is by accused Nos.1 to 11 seeking anticipatory bail in Crime No.48/2026 registered before the Bantwal Rural Police Station, D.K.District, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 74, 352, 351(2), 329(3), 109, 190 of BNS and Section 25(1)(A) of the Arms Act, pending on the file of Additional Civil Judge (Jr.Dn) and JMFC, Bantwala, D.K. District. 2. The allegation against the petitioners is that on 22.03.2026 at about 11.00 a.m., when the complainant was conducting his business in a shop near Talemogaru Mosque, - 5 - HC-KAR NC: 2026:KHC:20589 CRL.P No. 5833 of 2026 Sajipanadu Village, Ullal Taluk, the accused persons had entered his shop, picked up quarrel, verbally abused complainant and his relative with regard to a dispute relating to the mosque. At that time when father-in-law of the complainant came near the shop, accused No.2 assaulted him on his stomach. When the people present at the spot tried to intervene, accused persons assaulted and abused the said persons also. It is further alleged that at 11.40 a.m., accused persons along with certain Haider, Aseep, Ashraf and Irfan formed unlawful assembly and trespassed into the house of the complainant with an intention to commit his murder. In which accused No.1 who had come armed with a sword, attempted to attack the complainant, aiming at his neck, who narrowly escaped. Thus pursuant to the complaint case in Crime No.48/2026 for the offences noted above has been registered. 3. Learned counsel for the petitioner submits that the dispute pertains to appointment/removal of a priest of a mosque resulting in quarrel between two groups of the worshippers in the said mosque. One group consisting of the petitioners/accused herein and another group of which the - 6 - HC-KAR NC: 2026:KHC:20589 CRL.P No. 5833 of 2026 complainant formed part of. He submits that the petitioners herein have also filed a complaint and that there are three FIRs registered in Crime Nos.46/2026, 47/2026 and 48/2026 subject matter the present petition. Thus, he submits that these incidents have taken place under sudden and grave provocations by the people in a charged atmosphere and having no criminal antecedents or intention of causing harm to anyone. That the respondent-police are intending to apprehend the petitioners only on the basis of allegation of accused No.1 carrying sword by adding offence punishable under Section 109 of BNS, barring which the rest of the offences are all triable by a Magistrate and do not warrant punishment of life imprisonment or death. He submits that the appellants and petitioners are all local residents and would abide by any condition that may be imposed. Hence seeks for granting of pre-arrest bail. 4. Learned counsel for respondent No.2 do not dispute filing of three FIRs in Crime Nos.46, 47 and 48/2026. Complainant in the present petition is the accused in Crime No.46/2026 when there are seven accused persons. - 7 - HC-KAR NC: 2026:KHC:20589 CRL.P No. 5833 of 2026 5. Learned HCGP opposing the petition submits the allegations made against the petitioners-accused herein are serious in nature, affecting the peace and tranquility of the area. And if they are given indulgence they would repeat the same causing grave threat and danger to the public. Therefore opposes the petition. 6. Heard and perused the records. 7. Perusal of the contents of the complaint indicate that the quarrel has emanated on account of dispute relating to affairs of a mosque. Though allegation of accused No.1 attempting to assault one Rabiyath by a sword is made, the said Rabiyath has not been injured. Wound certificate produced at page 31 of the petition indicates one Mahammed Ashraf has sustained minor injuries onto his right knee and lower back in the nature of tenderness and swelling. The said Mahammed Ashraf is also an accused in Crime No.46/2026. Wound Certificates produced at page number 31, 32, 33, 34, indicate that one Mahammed Ashraf, Nizal, Isaq, Showkath Ali, who are the accused in Crime Nos.46 and 47/2026 have sustained - 8 - HC-KAR NC: 2026:KHC:20589 CRL.P No. 5833 of 2026 simple injuries in the nature of tenderness and swelling on the parts of their body. 8. It is submitted that the said persons have been granted bail by the trial Court. 9. It is also submitted that a peace meeting had been arranged amongst the persons who are arrayed as accused in the aforesaid three cases in crime Nos.46, 47 and 48/2026 to resolve the matter amicably. 10. Considering the facts of the matter as narrated and the quarrel being one pertaining to appointment and removal of the priest of a mosque which has embroiled into filing of three criminal cases and in the light of submissions made by learned counsel for petitioners that accused persons not having any criminal antecedent, this Court finds no impediment to allow the petition. 11. Further in the light of peace meeting already convened and in the interest of the local residents, this Court deems it appropriate to allow the petition. Accordingly following: - 9 - HC-KAR NC: 2026:KHC:20589 CRL.P No. 5833 of 2026 ORDER (1) Criminal Petition is allowed. (2) Petitioners are directed to be enlarged on bail in the event of their arrest in Crime No.48/2026 registered by the Bantwal Rural Police Station for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 74, 352, 351(2), 329(3), 109, 190 of BNS and Section 25(1)(A) of Arms Act, subject to the following conditions: (i) The petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one surety each for the likesum. (ii) The petitioners shall appear before the Investigation officer [sic] trial Court within 15 days from the date of receipt of certified copy of this order and obtain regular bail. (iii) The petitioners shall appear before the jurisdictional Police Station and mark their attendance on every Sunday between 10.00 a.m. and 6.00 p.m. and co-operate with the investigation process till filing of charge-sheet. (iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission. - 10 - HC-KAR NC: 2026:KHC:20589 CRL.P No. 5833 of 2026 (v) The petitioners shall not influence or in any manner tamper with the prosecution witnesses. SD/- (M.G.S. KAMAL) JUDGE SBN List No.: 3 Sl No.: 1