THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS CRIMINAL PETITION AND DIRECT THE RESPONDENT MANGALURU RURAL PS TO ENLARGE THE PETITIONERS ON REGULAR BAIL IN CONNECTION WITH CRIME NO. 037/2025 (ON THE FILE OF THE LEARNED VI ADDL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU IN SC. NO.0115/2025) REGISTERED BY RESPONDENT MANGALURU RURAL PS FOR THE ALLEGED OFFENCES UNDER 189(2), (4), 191(2), (3), 115(2), 118(2), 103(2), 238, 239, 240, 352 R/W 190 OF BNS.

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri Aruna Shyam M, learned Senior counsel for the petitioner, Smt. Rashmi Jadhav, learned Additional SPP for respondent No.1/State and Smt. Mrudula, learned counsel for respondent No.2.

2. The petitioner is accused No.3 in SC.No.115/ 2025 pending on the file of VI Additional District and Sessions Judge, D.K. Mangaluru.

3. The facts in the nutshell which are utmost necessary for disposal of the present petition are as under:

3.1. The complaint came to be lodged by Deepak Kumar with Mangalore Rural Police, Vamanjur, Mangalore, which was registered in Crime No.37/2025 for the offences punishable under Sections 189(2), (4), 191(2), (3), 115(2), 118(2), 103(2), 238, 239, 240, 352 read with Section 190 of the Bharatiya Nyaya Sanhita (BNS), 2023. Based on the said complaint, the First Information Report came to be registered, wherein 19 named accused persons and others were as accused.

3.2. As per the complaint averments, on 27.04.2025 there was a cricket match in Kudupu Batra Kallurti temple ground situated in Kudupu Village. At about 03.00 p.m., an unknown person arrived on the cricket ground from railway track side and started raising the slogan ‘Pakistan Pakistan’. Being enraged with such raising the slogans, the persons who were indulged in the cricket game and also who were watching the game, tried to capture him and he ran towards the Kallurti temple. The persons who were chasing him also raised alarm stating that he should not be left free and he must be done to death.

3.3. The complainant also followed the mob, which was chasing the said unknown person and while running away from the spot, said unknown person fell down. At that juncture, all the persons who had gathered there kicked him and assaulted him. The said unknown person raised alarm for help and tried to escape from the clutches of the mob, at this juncture, the present accused and Devadas @ Teju held the legs of said unknown person and dragged him. Others started assaulting him and kicked him. Some others assaulted him with the tree branches. The complainant tried to pacify the quarrel and requested the mob to leave him. However, the mob overpowered the complainant and thereafter, the complainant went home. On the same day, in the night hours, the complainant came to know that the unknown person lost his life. However, since already a complaint was lodged in that regard, the complainant kept quiet.

3.4. On 28.04.2025, the complainant had been to Mangalore, returned home in the night and he got an information that the police had visited his house and told him that he should visit the police station. Accordingly, he visited the Police Station and came to know about the complaint filed by the present petitioner. The complainant said to have told that the averments made by the present petitioner in his complaint is incorrect and therefore, sought for action against the 19 known persons and other unknown persons.

3.5. The Jurisdictional Police after registering the case, thoroughly investigated the matter and filed the charge sheet. Column No.17 of the charge sheet would reveal that the deceased name is Mohammad Ashraf. There are specific allegations against each of the accused persons. The charge sheet came to be filed against 21 persons and present petitioner is third accused.

3.6. In the column No.17, and charge sheet specific allegations are made against