- 1 - HC-KAR CNR: KAHC010440292026 NC: 2026:KHC:42267 CRL.P No. 9367 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9367 OF 2026 BETWEEN: 1. MRS. DILSHAD INNISA @ DILSHAD W/O. SHEK DASTAGIR AGED ABOUT 66 YEARS R/AT. KAAGE KODUMAGGI VILLAGE BHADRAVATHI TALUK SHIVAMOGGA - 577 227. 2. MRS. FARJAAN BANU @ FARJAN W/O. SHEK SADIQ AGED ABOUT 36 YEARS R/AT. 1ST MAIN, 2ND CROSS TIPPERUDRA SCHOOL OPPOSITE KALIDAS NAGAR, HARIHAR TOWN DAVANAGERE - 577 601. 3. MR. MOHAMMAD ILYAZ S/O. SHEK DASTAGIR SAB AGED ABOUT 41 YEARS R/AT. KAAGE KODUMAGGI VILLAGE BHADRAVATHI TALUK SHIVAMOGGA - 577 227. 4. MR. AYAZ @ SHEIK AYAZ S/O. SHEK DASTAGIR AGED ABOUT 33 YEARS R/AT. KAAGE KODUMAGGI VILLAGE BHADRAVATHI TALUK SHIVAMOGGA 577 227. 5. MR. SAIK SADIQ @ SADIQ HARIHARA S/O. MAKBOOL SAB AGED ABOUT 41 YEARS R/AT. 1ST MAIN, 2ND CROSS TIPPERUDRA SCHOOL OPPOSITE KALIDAS NAGAR, HARIHAR TOWN Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010440292026 NC: 2026:KHC:42267 CRL.P No. 9367 of 2026 DAVANAGERE - 577 601. …PETITIONERS (BY SRI K.V. SATEESHCHANDRA, ADV.) AND: STATE BY SHO CHANNAGIRI POLICE STATION R/AT. CHANNAGIRI TALUK DAVANAGERE 577 551 REPRESENTED BY STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT BUILDING BENGALURU 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS ON BAIL, IN THE EVENT OF THEIR ARREST IN CRIME NO.314/2026 OF CHANNAGIRI POLICE STATION FOR THE ALLEGED OFFENCES P/U/S 103(1), 61(2) AND 190 OF THE BNS, 2023, ON THE FILE OF THE COURT OF THE PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC COURT AT CHANNAGIRI, DAVNAGERE DISTRICT, ON SUCH TERMS AND CONDITION AS DEEMED FIT. 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.3 to 7 in Crime No.314/2026 registered by Channagiri Police Station, Davanagere, for the offences punishable under Sections 103(1), 61(2) and 190 of BNS, - 3 - HC-KAR CNR: KAHC010440292026 NC: 2026:KHC:42267 CRL.P No. 9367 of 2026 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.314/2026 was registered by Channagiri Police Station, Davanagere, for the aforesaid offences against Sheikh Dasthageer based on the first information dated 16.05.2026 received from Sheik Jakir, brother of deceased Attavulla. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.432/2026 before the jurisdictional Sessions Court, which was rejected on 16.06.2026. 4. Accused persons are close relatives of the deceased and the first informant. Deceased Atavulla was married and had three children. It appears that since Atavulla had not married the daughter of accused Nos.1 and 3 in the present case, they had grievance against him. Atavulla, who had a good relationship with the daughter of accused Nos.1 and 3 allegedly had borrowed money from her and had not returned the same. Therefore, ill-will had developed between Atavulla and the accused persons. In the incident in question that had taken - 4 - HC-KAR CNR: KAHC010440292026 NC: 2026:KHC:42267 CRL.P No. 9367 of 2026 place on 15.05.2026, accused Nos.1 and 2, who are the husband and son of accused No.3, had assaulted Atavulla with deadly weapons and committed his murder. Accused Nos.1 and 2 were arrested in the present case on 16.05.2026. The allegation against petitioners in the FIR is about conspiracy. In the remand application, there is no allegation about conspiracy or instigation against the petitioners herein, who are arraigned as accused Nos.3 to 7 in the FIR. Under the circumstances, I am of the opinion that their prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.314/2026 registered by Channagiri Police Station, Davanagere, for the offences punishable under Sections 103(1), 61(2) and 190 of BNS, 2023, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date - 5 - HC-KAR CNR: KAHC010440292026 NC: 2026:KHC:42267 CRL.P No. 9367 of 2026 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. 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 witnesses 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 DN List No.: 1 Sl No.: 57