THE HIGH COURT OF KARNATAKA
M.G.S. KAMAL
S K HYDER – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRL.P 5833/2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL PETITION NO.5833 OF 2026 BETWEEN:
1. S. K. HYDER S/O. S. K. ABOOBAKAR AGED ABOUT 35 YEARS R/AT NO.2-290 (14)
BAILAGUTTHU HOUSE, SAJIPANADU D. K. DISTRICT-574 231
2. S. K. DAVUD S/O. S. K. MAHAMMAD AGED ABOUT 32 YEARS R/AT NO.2-30/2 LAKSHMANA KATTE HOUSE SAJIPANADU, BANTWAL TALUK D. K. DISTRICT-574 231
3. ZUBAIR Digitally signed by SUMA B N S/O. T. MOHAMMED Location: HIGH AGED ABOUT 44 YEARS COURT OF R/AT FLAT NO.604, CLASSIC PRESIDENCY KARNATAKA NEAR NILAGIRIS, OLD POLICE STATION ROAD KANKANADY, MANGALORE D. K. DISTRICT-575 002
4. SYDUDDEEN HYDAR THALEMOGARU S/O. HYDAR THALAMOGARU AGED ABOUT 54 YEARS R/AT NO.1-115, THALEMOGARU HOUSE SAJIAPANADU, BANTWAL D. K. DISTRICT-574 231
5. ABDUL NAWAZ S/O. HYDARAJI AGED ABOUT 45 YEARS R/AT TALE MOGARU HOUSE SAJIPAPADU D. K. DISTRICT-574 231
6. ABDUL GAFOOR S/O. LATE AHAMMAD KUNHI AGED ABOUT 52 YEARS R/AT NO.1-121/A2 TALEMOGARU HOUSE SAJIPANADU POST SAJIPANADU D. K. DISTRICT-574 231
7. MAHAMMAD SHAREEF S/O. HYDER T.
AGED ABOUT 36 YEARS R/AT H.NO.1-115, TALEMOGARU HOUSE SAJIPANADU, BANTWAL TALUK D.K. DISTRICT-574 231
8. MOHAMMAD HYDER ASHIK S/O. ASHRAF AGED ABOUT 24 YEARS R/AT H.NO.1-115, TALEMOGARU HOUSE SAJIPANADU POST, SAJIPAPADU, BANTWAL TALUK D. K. DISTRICT-574 231
9. S. K. ASEEF S/O. S. K. MOHAMMED AGED ABOUT 37 YEARS R/AT NO.2, 30/1 LAKSHMANAKATTE HOUSE SAJIPANADU D. K. DISTSRICT-574 231
10.
S. K. ASHRAFF S/O. S. K. ABOOBAKKAR AGED ABOUT 34 YEARS R/AT NO.2, 290(13), BALLAGUTTU HOUSE SAJIPANADU, BANTWAL TALUK D. K. DISTRICT-574 231
11.
MOHAMMED IRFAN S/O. S. K. SIRAJ AGED ABOUT 20 YEARS R/AT NO.2-21(1)
LAKSHMANAKATTE HOUSE SAJIPANADU D.K. DISTRICT-574 231 …PETITIONERS (BY SRI PRATHEEP K. C., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP. BY BANTWAL RURAL POLICE STATION D. K. DISTRICT REP. BY S.P.P., HIGH COURT BUILDING BENGALURU-560 001
2. SHOWKATH ALI S/O. ABBONU AGED ABOUT 42 YEARS R/AT NO.3-171/2, CHALLAKALLU HOUSE SAJIPANADU VILLAGE D. K. DISTRICT-574 231 …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, H.C.G.P., FOR R-1;
SRI LETHIF B., ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED U/S. 438 CR.P.C (U/S
482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO RELEASE THEM ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CR.NO.48/2026 REGISTERED BY BANTWAL RURAL P.S., D.K. DISTRICT, FOR THE OFFENCES P/U/S. 189(2), 191(2), 191(3), 115(2), 118(1), 74, 352, 351(2), 329(3), 109, 190 OF BNS AND U/S. 25(1)(A) OF ARMS ACT, PENDING BEFORE THE ADDL. CIVIL JUDGE (JR.DN.) AND J.M.F.C., BANTWALA, D.K. DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL ORDER
This petition is by accused Nos.1 to 11 seeking anticipatory bail in Crime No.48/2026 registered before the Bantwal Rural Police Station, D.K.District, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 74, 352, 351(2), 329(3), 109, 190 of BNS and Section 25(1)(A) of the Arms Act, pending on the file of Additional Civil Judge (Jr.Dn) and JMFC, Bantwala, D.K. District.
2. The allegation against the petitioners is that on
22.03.2026 at about 11.00 a.m., when the complainant was conducting his business in a shop near Talemogaru Mosque, Sajipanadu Village, Ullal Taluk, the accused persons had entered his shop, picked up quarrel, verbally abused complainant and his relative with regard to a dispute relating to the mosque. At that time when father-in-law of the complainant came near the shop, accused No.2 assaulted him on his stomach. When the people present at the spot tried to intervene, accused persons assaulted and abused the said persons also. It is further alleged that at 11.40 a.m., accused persons along with certain Haider, Aseep, Ashraf and Irfan formed unlawful assembly and trespassed into the house of the complainant with an intention to commit his murder. In which accused No.1 who had come armed with a sword, attempted t
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