Anticipatory bail may be granted in disputes arising from religious disagreements where injuries are minor, the accused lack criminal antecedents, and peace meetings have been initiated to maintain public tranquility and resolve the matter amicably.

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

1. 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 to attack the complainant, aiming at his neck, who narrowly escaped. Thus pursuant to the complaint case in Crime No.48/2026 for the offences noted above has been registered.

3. Learned counsel for the petitioner submits that the dispute pertains to appointment/removal of a priest of a mosque resulting in quarrel between two groups of the worshippers in the said mosque. One group consisting of the petitioners/accused herein and another group of which the complainant formed part of. He submits that the petitioners herein have also filed a complaint and that there are three FIRs registered in Crime Nos.46/2026, 47/2026 and 48/2026 subject matter the present petition. Thus, he submits that these incidents have taken place under sudden and grave provocations by the people in a charged atmosphere and having no criminal antecedents or intention of causing harm to anyone. That the respondent-police are intending to apprehend the petitioners only on the basis of allegation of accused No.1 carrying sword by adding offence punishable under Section 109 of BNS, barring which the rest of the offences are all triable by a Magistrate and do not warrant punishment of life imprisonment or death. He submits that the appellants and petitioners are all local residents and would abide by any condition that may be imposed. Hence seeks for granting of pre-arrest bail.

4. Learned counsel for respondent No.2 do not dispute filing of three FIRs in Crime Nos.46, 47 and 48/2026. Complainant in the present petition is the accused in Crime No.46/2026 when there are seven accused persons.

5. Learned HCGP opposing the petition submits the allegations made against the petitioners-accused herein are serious in nature, affecting the peace and tranquility of the area. And if they are given indulgence they would repeat the same causing grave threat and danger to the public. Therefore opposes the petition.

6. Heard and perused the records.

7. Perusal of the contents of the complaint indicate that the quarrel has emanated on account of dispute relating to affairs of a mosque. Though allegati