Malliq @ Davud Mallik Vs the State of Karnataka

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL U/S 438 OF CRPC FOR THE OFFENCEES P/US 109(1), 118(1), 190, 189(2), 191(2), 191(3), 352, 351(2) OF BNS 2023, AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF ARREST IN CR.NO.358/2025 OF CHANNAGIRI POLICE STATION AND PENDING ON THE FILE OF I ADDL. CIVIL JUDGE AN JMFC , CHANNAGIRI AND ETC.,

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

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Petitioners are seeking pre-arrest bail in a case

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registered against them in Cr.No.358/2025 of Channagiri

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Police Station, Davanagere, for the offence punishable

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under Sections 109(1), 118(1), 190, 189(2), 191(2), 191(3), 352, 351(2) of BNS, 2023.

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3 - NC: 2025:KHC:35392 CRL.P No. 10651 of 2025

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HC-KAR

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One Smt.Mubeena Bhanu, w/o Syed Ghani Sab lodged a complaint with the respondent - police alleging that on 19.06.2025 when her son had been to Tarikere fair, one Malliq (A1) picked up quarrel with him with regard to property dispute. Thereafter on 20.06.2025 at about 10.00 A.M. all the accused forming an unlawful assembly came to the shop where her husband Syed Ghani Sab was doing business and abused him in filthy language and dragged him out of the shop. Accused No.1, with an intention to commit murder, assaulted him with a chopper on his head and fingers causing bleeding injuries. When her children Syed Tanveer, Syed Abrar and Syed Nyamath tried to rescue him, Naushad Ali (A5), Kaif (A6), Mallik (A1) and Shoukath Ali (A4) assaulted them with ripis patti and iron rod all over the body, causing bleeding injuries etc.

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Learned counsel for the petitioners submits that petitioner Nos.1, 3, 4 and 5 (A1, A3, A5 and A6) have

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4 - NC: 2025:KHC:35392 CRL.P No. 10651 of 2025

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HC-KAR

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been arrested and therefore, their prayer seeking anticipatory bail may not survive.

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A perusal of the complaint does not indicate that petitioner No.2/Accused No.2 has assaulted any of the injured persons. The allegations that even he came along with other accused with a common object etc., is a matter which has to be established in due course. Petitioner has no criminal antecedents. Hence, the relief sought by him can be granted by imposing conditions. Accordingly, the following:

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ORDER

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Petition is partly allowed .

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Petition in respect of petitioner Nos.1, 3, 4 and 5 (A1, A3, A5 and A6) is dismissed as having become infructuous.

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Petition is allowed in respect of petitioner

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No.2/accused No. 2 namely Imran Ali, S/o of Shaukath Ali.

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5 - NC: 2025:KHC:35392 CRL.P No. 10651 of 2025

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HC-KAR

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Petitioner/accused No.2 in Crime No.358/2025

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registered by Channagiri Police Station, shall be released in the event of his arrest, subject to following conditions:

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a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with a surety for the likesum.

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