- 1 - HC-KAR NC: 2026:KHC:2698 CRL.P No. 16319 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16319 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SYED ARBAAZ S/O. SYED DASTAGIR AGED ABOUT 27 YEARS RESIDING AT 230, JHAKIR HUSSAIN NAGAR, 1ST WARD, GUNDLUPET TOWN CHAMARAJANAGARA - 571 111. 2. IMRAN PASHA R, S/O. RAHIM PASHA AGED ABOUT 31 YEARS R/AT JHAKIR HUSSAIN NAGAR 1ST WARD, GUNDLUPET TOWN CHAMARAJANAGARA - 571 111. 3. NAHIM K S/O. SAYAD KALIL AGED ABOUT 34 YEARS R/AT 1ST DIVISION, 5TH WARD, AKBAR LAYOUT CHAMARAJANAGAR ROAD GUNDLUPET TOWN CHAMARAJANAGARA - 571 111. 4. JAKIR PASHA S/O. ABDUL JABBAR, AGED ABOUT 44 YEARS, R/AT 792, 6TH WARD, KODALLI CIRCLE, GUNDLUPET TOWN, CHAMARAJANAGARA 571 111. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2698 CRL.P No. 16319 of 2025 5. SUJENDRA M, S/O. MURTHY M, AGED ABOUT 49 YEARS, R/AT: KILIGERE VILLAGE, HARADANAHALLI HOBLI, CHAMARAJANAGAR TALUK, CHAMARAJANAGARA - 571 111. 6. K NANDISH, S/O. LATE KEMPANNA V, AGED ABOUT 44 YEARS, R/AT AREPURA VILLAGE, BEGUR HOBLI, GUNDLUPET TALUK, CHAMARAJANAGARA - 571 109. 7. SATHYANARAYANA, S/O. J T VENKATESH, AGED ABOUT 30 YEARS, R/AT 161, 3RD WARD, T B BADAVANE, GUNDLUPET TOWN, CHAMARAJANAGARA - 571 111. 8. SYED JAFFER S/O. LATE SYED RAKEEB BABU, AGED ABOUT 41 YEARS, R/AT 565/8, KODALLI ROAD, HALE SANTHEMALA, 5TH WARD, GUNDLUPET TOWN, CHAMARAJANAGARA - 571 111. 9. MOHAMED FALALULLA MATHAPPULAN, S/O. MATHAPPULAN ABDURAHIMAN, AGED ABOUT 49 YEARS, R/AT: MATHAPULAN HOUSE, CHAPPANANGADI POST, THALAKAPPU PONMALA, MALAPPURAM, KERALA 676 503. …PETITIONERS (BY SRI. ANIL KUMAR A.S.ADVOCATE; SRI. PARAMESWARAPPA C.,ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:2698 CRL.P No. 16319 of 2025 AND: STATE OF KARNATAKA BY GUNDLUPET POLICE STATION, CHAMARAJNAGAR - 571 111. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU 560 001. …RESPONDENT (BY SRI. MOHD AYUB ALI., ADDL. SPP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS PETITION AND THEREBY PLEASED TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN CONNECTION WITH THE CR.NO.304/2025 OF THE GUNDLUPET POLICE STATION PENDING ON THE FILE OF THE LEARNED CIVIL JUDGE AND JMFC COURT, AT GUNDLUPETE FOR THE O/P/U/S 189(2), 191(2), 191(3), 126(2), 109, 309(4), 351(2), 351(3), 316(2), 324(4), 329(4), 190 OF THE BNS 2023. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by petitioners - accused Nos.1 to 8 and 10 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.304/2025 of Gundlupete Police Station registered for offences punishable under Sections 189(2), 191(2), 191(3), 126(2), 109, 309(4), - 4 - HC-KAR NC: 2026:KHC:2698 CRL.P No. 16319 of 2025 351(2), 351(3), 316(2), 324(4), 329(4), 190 of BNS, 2023. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent –State. 3. Learned counsel for the petitioner would contend that the incident has taken place at 05.30p.m., on 08.11.2025 and the complaint has been filed at 08.30p.m., on 09.11.2025 and there is delay in filing the complaint. Prior to filing of the complaint, accused No.5 went to the police station and lodged complaint and in that regard acknowledgment has been issued. There is civil dispute between complainant and the accused persons. The injuries sustained by both persons are stated to be simple injuries. Therefore, offence under Section 109 is not attracted. The petitioners are ready to co-operate with the police in the investigation and abide by any terms and conditions to be imposed by this Court. With this, he prayed to allow the petition. - 5 - HC-KAR NC: 2026:KHC:2698 CRL.P No. 16319 of 2025 4. Per contra, learned Additional SPP for the respondent –State would contend that in the complaint serious allegations are made against the petitioners assaulting four persons including the complainant, damaging car window, vandlizing the office, taking away the cash of Rs.4,75,000/-. The matter is under investigation. The petitioners are required for custodial interrogation. In the incident, four persons sustained injuries. On these grounds, he prayed to reject the petition. 5. Having heard learned counsels, the Court has perused the FIR, complaint and other materials placed on record. 6. The four wound certificates made available indicate that the four persons who have sustained injuries are simple in nature. Accused No.5 has filed complaint on the day of incident i.e., on 08.11.2025 against the complainant. There is civil dispute between the complainant and accused persons with regard to - 6 - HC-KAR NC: 2026:KHC:2698 CRL.P No. 16319 of 2025 complainant carrying out his business in the property of accused Nos.5 and 6. There are no criminal antecedents of petitioners. The petitioners have undertaken to co-operate with the Investigating Officer in the investigation. Injuries are not on vital part. Considering the above aspects, the petitioners have made out case for grant of anticipatory bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioners are ordered to be released on bail in the event of their arrest in Crime No.304/2025 of Gundlupete Police Station registered for offences punishable under Sections 189(2), 191(2), 191(3), 126(2), 109, 309(4), 351(2), 351(3), 316(2), 324(4), 329(4), 190 of BNS, 2023 subject to following conditions: - 7 - HC-KAR NC: 2026:KHC:2698 CRL.P No. 16319 of 2025 a) Petitioners –accused Nos.1 to 8 and 10 shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the Investigating Officer. b) Petitioners –accused Nos.1 to 8 and 10 shall appear before the Investigating Officer whenever called for and cooperate for investigation. c) Petitioners –accused Nos.1 to 8 and 10 shall not directly or indirectly make an inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such a facts to the court or police officer or tamper with the evidence. - 8 - HC-KAR NC: 2026:KHC:2698 CRL.P No. 16319 of 2025 d) Petitioners –accused Nos.1 to 8 and 10 shall appear before the Investigating Officer on first Sunday of each month for the period of two months or till filing of final report whichever is earlier. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 3