IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16097 OF 2025 (438(Cr.PC) / 482(BNSS))

BETWEEN:

1. SRI. MOHAMMED SHAFI S/O MOHAMMED HUSAIN AGED ABOUT 62 YEARS R/A 10^TH CROSS, NEAR MANSOOR MASJID ISLAMAPUR, NELAMANAGALA RURAL KARNATAKA - 562123

2. SMT NAGINA W/O MOHAMMED SHAFI AGED ABOUT 54 YEARS R/AT 152, ISLAMAPURA NELAMANAGALA RURAL KARNATAKA 562123 …PETITIONERS Digitally signed by (BY SRI. IMRAN PASHA.,ADVOCATE)

LAKSHMINARA YANA MURTHY RAJASHRI Location: HIGH AND:

COURT OF KARNATAKA

1. THE STATE OF KARNATAKA THROUGH NELAMANAGALA RURAL POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING BANGALORE - 560001.

…RESPONDENT (BY SRI. MOHD. AYUB ALI, ADDL. SPP)

THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C (U/S

482 BNSS) PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL TO THE PETITIONER NOs.1 AND 2 IN CR.NO.378/2025 OF RESPONDENT NELAMANGALA RURAL P.S., SUB-DIVISION, NELAMANGALA, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109(1), 190 OF BNS, 2023, UNDER SECTIONS 2, 5, 7, 27(2) OF ARMS ACT, 1959, PENDING BEFORE THE HONBLE COURT OF PRINCIPAL CIVIL JUDGE (JR.DN) AND JUDICIAL MAGISTRATE FIRST CLASS COURT, NELAMANGALA, BANGALORE RURAL DISTRICT.

THIS PETITION, COMING ON FOR ORDERS, 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.3 and 5 in FIR and accused Nos.5 and 7 in remand application) under Section 482 of Bharatiya Nagarik Suraksh Sanhita, 2023 praying to grant anticipatory bail in Crime No.378/2025 of Nelamangala Rural Police Station registered for the offence punishable under Section 109(1), and Section 190 of Bharatiya Nyaya Sanhita, 2023 and Section 27(2) of Arms Act, 1959.

2. Heard the learned counsel for petitioners and learned Additional State Public Prosecutor for respondent/State.

3. The learned counsel for petitioners would contend that, no overt act is alleged against the petitioners. The petitioners are stated to have attempted to kill the injured through an unknown person. As per remand application, it is accused No.2, who has taken gun from accused No.4, and shot at the injured at the instance of accused No.1. There is no role of these petitioners in the commission of the alleged offence. The petitioners are parents of accused No.6, who has contested the election against the complainant. There is no role of these petitioners in commission of alleged offence. The petitioners are ready to cooperate with the police in investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioners. On these grounds, he prayed to allow the petition.

4. Per contra, the learned Additional State Public Prosecutor for the respondent/State would contend that, the investigation is in progress. The petitioners instigated the other accused to kill the complainant. There is an allegation against the petitioners in the complaint that, at their instance, the other accused have attempted to kill the injured. With this, he prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record.

6. This court while granting the bail to accused No.3 and 5 (as per FIR) and accused No.5 and 7 (as per remand application) in Crl. P No.16161/2025 by order dated 07.01.2026 has observed as under;

"6. As per averments of the complaint, accused no.1, who was having grudge against the injured, who was in jail, had come on parole, was sitting in the real estate office of these petitioners and they were giving financial aid to accused No.1. An unknown person shot at the injured with a pistol and caused injury. As per averments of the complaint at the instance of these petitioners and accused No.1, said unknown person had shot at the injured. As per remand application accused No.2 who took a gun from accused N