IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200199 OF 2025 (438(Cr.PC)/482(BNSS))

BETWEEN:

1. MOHAMMED IBRAHIM S/O MOINUDDIN MIRCHI AGED ABOUT 54 YEARS, OCC: BUSINESS R/O. 4/11 NATIKAR GALLI, TIPUSULTAN CHOWK, JEWARGI TQ. JEWARGI, DIST. KALABURAGI-585310.

2. MOHAMMED IMRAN S/O MAHIBOOB SAB, AGED ABOUT 35 YEARS, OCC: PRIVATE JOB, R/O. NEAR MAHALAXMI TEMPLE, TALWAR GALLI, JEWARGI, TQ. JEWARGI, DIST. KALABURAGI 585310.

3. MOHAMMED IDRIS S/O MOHAMMED IBRAHIM MIRCHI, AGED ABOUT 27 YEARS, OCC: BUSINESS, R/O. KHAN BUILDING TIPPU SULTAN CHOWK, JEWARGI, DIST. KALABURAGI-585310.

4. MOHAMMED IMTIYAZ S/O MOHAMMED IBRAHIM, AGED ABOUT 33 YEARS, OCC: BUSINESS, R/O. KHAN BUILDING TIPPU SULTAN CHOWK, JEWARGI, DIST. KALABURAGI-585310.

5. SAYEED AHMED S/O FAREED AHMED, AGED ABOUT 35 YEARS, OCC: PRIVATE JOB R/O. H. NO. 874 SHASTRI CHOWK, JEWARGI, TQ. JEWARGI, DIST. KALABURAGI – 585310.

6. AMBRESH S/O HALAPPA SHAKAPUR, AGED ABOUT 41 YEARS, OCC: PRIVATE JOB, R/O. SHANTNAGAR KHAJA COLONY, JEWARGI, TQ. JEWARGI, DIST. KALABURAGI – 585310.

7. RAJU RATHOD S/O HOBU RATHOD, AGED ABOUT 30 YEARS, OCC: JCB OPERATOR, R/O. VILLAGE REVANOOR, TQ. JEWARGI DIST. KALABURAGI – 585310.

8. LAXMAN RATHOD S/O HOBU RATHOD, AGED ABOUT 24 YEARS, OCC: BUSINESS, R/O. VILLAGE REVANOOR, TQ. JEWARGI, DIST. KALABURAGI – 585310

9. AWAIZ S/O AZEEMUDDIN, AGED ABOUT 27 YEARS, OCC: PRIVATE JOB R/O. SHASTRI CHOWK, JEWARGI, TQ. JEWARGI, DIST. KALABURAGI 585310.

…PETITIONERS (BY SRI ABDUL MUQHTADIR AND SRI FARHAT SULTANA AND SRI PRAKRITI BORALKAR, ADVOCATES)

AND:

STATE OF KARNATAKA, THROUGH JEWARGI PS, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, BENCH KALABURAGI, KALABURAGI-585105, …RESPONDENT (BY SRI VEERANAGOUDA MALIPATIL, HCGP )

THIS CRL.P IS FILED U/S. 438 OF CR.P.C (OLD), U/S.

482 OF BNSS (NEW), PRAYING TO DIRECT THE RESPONDENT JEWARGI POLICE STATION, TO RELEASE THE PETITIONERS ON THE BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO. 0290/2024 FOR THE OFFENCE UNDER SECTION 115(2), 118(1), 189(2), 190, 191(2), 193(3), 308(2), 324(5), 329(4), 351(2), AND 352 OF THE BHARATIYA NAYAYA SANHITA 2023 PENDING BEFORE THE HON’BLE COURT OF SENIOR CIVIL JUDGE AND JMFC COURT JEWARGI KALABURAGI DIST.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

Accused Nos.1 to 9 in Crime No.290/2024 registered by Jewergi Police Station, Kalaburagi for the offences punishable under Sections 115(2), 118(1), 189(2), 190, 191(2), 193(3), 308(2), 324(5), 329(4), 351(2), 352 of BNS, 2023, are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail.

2. Heard the learned Counsel for the parties.

3. FIR in Crime No.290/2024 was registered by Jewargi Police Station, Kalaburagi, against the petitioners herein and others for the aforesaid offences on the basis of the first information dated 19.11.2024 received from Umme Salma w/o Abdul Gani Mirchi. Apprehending arrest in the said case petitioners had filed Crl.Misc.No.1987/2024 before the Court of V Addl. District & Sessions Judge (Spl. Court), Kalaburagi, which was rejected on 06.12.2024. Therefore, they are before this Court.

4. Learned Counsel for the petitioner submits that injured has suffered only simple injuries in the incident in question, petitioners do not have any criminal antecedents. There is a delay of two days in filing the FIR.

Accordingly, he prays to allow the petition.

5. Learned HCGP who has opposed the petition does not dispute the submission made on behalf of the petitioners.

6. Perusal of the material on record would go to show that the alleged incident in question had taken place on 17.11.2024 at about 14.00 hours and the first information was belatedly submitted on 19.11.2024 at about 16.30 hours. There is a delay of more than two days in submitting the first information in the present case.