- 1 - HC-KAR NC: 2026:KHC:33076 CRL.P No. 7794 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7794 OF 2026 BETWEEN: 1. MR. ARIF A BAWA S/O LATE KANDAK MOHIDIN BAWA AGED 63 YEARS. 2. MRS. AISHA ARIF A BAWA W/O ARIF A BAWA AGED 54 YEARS. NO.1 AND 2 R/AT NO 2-21-1646-4(7) HIS GRACE APARTMENT HATHILL, MANGALORE D.K.DISTRICT - PIN 574 212. 3. MR. MOHAMMED NUMAN SHIRVA S/O ABDUL HAMEED SHIRVA AGED 27 YEARS R/AT ROOM NO.B/508 JASMINE APARTMENT DOCKYARD ROAD NEXT TO MAZGOAN MAZGOAN- POST, MUMBAI MAHARASTRA - 400 010. 4. MR. MUHAMMED HANIF MAHAMOD SHIRVA S/O SHIRVA MAHMOOD HASSAN AGED 56 YEARS R/AT ROOM NO.B/207 JASMINE APARTMENT DOCKYARD ROAD NEXT TO MAZGOAN MAZGOAN- POST, MUMBAI MAHARASTRA - 400 010. …PETITIONERS (BY SRI ABDULLA T.I, ADV.) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33076 CRL.P No. 7794 of 2026 AND: STATE OF KARNATAKA REPRESENTED BY MANGALORE SOUTH POLICE STATION, MANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.69/2026 REGISTERED BY THE MANGALURU SOUTH POLICE STATION, MANGALURU D.K., DISTRICT FOR THE OFFENCE P/US/ 318(2),318(4),336(2),336(3) OF BNS 2023 PENDING ON THE FILE OF THE 2nD ADDL SENIOR CIVIL JUDGE AND CJM COURT MANGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.1 to 4 in Crime No.69/2026 registered by Mangalore South Police Station, Mangaluru City, for the offences punishable under Sections 318(2), 318(4), 336(2), 336(3) of BNS, 2023, are before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.69/2026 was registered by Mangalore South Police Station, Mangaluru City, for the aforesaid offences - 3 - HC-KAR NC: 2026:KHC:33076 CRL.P No. 7794 of 2026 against the petitioners and another based on the first information dated 13.04.2026 received from Mohammad Shazin S/o P.B.Saleem. Apprehending arrest in the said case, petitioners had filed Crl. Misc. No.363/2026 before the jurisdictional Sessions Court which was rejected on 11.05.2026. Therefore, they are before this Court. 4. Perusal of the averments found in the first information dated 13.04.2026 would reveal that property bearing Sy. No.9/2A measuring 28 cents situated at Kodiyal Bail village, Dakshina Kannada District, was sold by the petitioners herein to the first informant under a registered sale deed dated 27.01.2023 for a sale consideration of Rs.2,50,00,000/-. 5. The allegation now made in the first information is that, subsequently when the first informant went to the property in question, he came to know that there is a civil dispute pending with regard to the said property, and therefore, he had approached the petitioners herein and sought repayment of money. Though they had initially promised to repay the money subsequently they had not responded to his calls. It was under these circumstances, first informant had approached the police. - 4 - HC-KAR NC: 2026:KHC:33076 CRL.P No. 7794 of 2026 6. The dispute between the parties appears to be civil in nature. Undisputedly, petitioners have executed a sale deed in favour of first informant on 27.01.2023 itself. Petitioners have undertaken to co-operate with the police for the purpose of investigation. Petitioners are persons without any criminal antecedents. Under the circumstances, I am of the opinion that petitioners' prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of their arrest in Crime No.69/2026 registered by Mangalore South Police Station, Mangaluru City, for the offences punishable under Sections 318(2), 318(4), 336(2), 336(3) of BNS, 2023, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. - 5 - HC-KAR NC: 2026:KHC:33076 CRL.P No. 7794 of 2026 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK