Mr. Sharuq Vs the State of Karnataka

MR. SHARUQ SON OF ABDUL RAHIMAN AGED ABOUT 30 YEARS R/AT No. 2-50, KOPPALA HOUSE MANGALURU TALUK, ARKULA VILLAGE FARNAGIPETE POST, MERAMAJALU BANTWAL, D K DISTRICT KARNATAKA – 574 143.

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…PETITIONER

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(BY SRI MOHAMMAD RASHEEF M, ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY BANTWALA TOWN POLICE STATION BANTWALA DAKSHINA KANNADA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001.

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…RESPONDENT

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(BY SRI HARISH GANAPATHY, HCGP)

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THIS CRL.P IS FILED UNDER SECTION 438 (FILED UNDER SECTION 482 BNSS) Cr.P.C PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME No.129/2025 FOR PENDING BEFORE ADDL CIVIL JUDGE

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2 - NC: 2026:KHC:1640 CRL.P No. 17040 of 2025

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HC-KAR

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(Jr.Dn.) AND JMFC COURT BANTWAL D.K., AGAINST THE ACCUSED HEREIN FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 352,79,196(1) AND 353(2) OF BNS 2023 BY BANTWALA, TOWN POLICE STATION, D.K., DISTRICT.

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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 SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by the sole accused under Section 482 of BNSS praying to grant anticipatory bail in Crime No.129/2025 of Bantwala Police Station registered for offences punishable under Sections 352, 79, 196(1) and 353(2) of BNS.

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Heard learned counsel for the petitioner and

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learned High Court Government Pleader for the respondent -State.

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Learned counsel for the petitioner would contend that the offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner has not posted anything and his account might have been hacked or some other person

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3 - NC: 2026:KHC:1640 CRL.P No. 17040 of 2025

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HC-KAR

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who is aware of his password has used his account. There is no question of this petitioner tampering the evidence, as the server is in the control of third party. The petitioner is ready to co-operate with the police in the investigation and abide by any conditions to be imposed by this Court. With this, he prayed to allow the petition.

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Per contra , learned High Court Government Pleader for the respondent –State would contend that the petitioner has posted on his Facebook and Instagram, material which creates hatred between two communities and it will disturb the public peace and tranquility. As the account belongs to petitioner, it is he who has posted the same. The petitioner is required for custodial interrogation. With this, he prayed to reject the petition.

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Having heard learned counsels, the Court

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has perused the complaint, FIR, and other materials placed on record.

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HC-KAR

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As per complaint, the allegation against the

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petitioner is that petitioner using his Facebook and Instagram ID has posted material and it may create hatred between two communities and disturbing the public peace and tranquility. Whether the petitioner has used his ID of Facebook and Instagram or not and posted the said material is matter of investigation and trial. The petitioner has undertaken to cooperate with the Investigating Officer in the investigation and abide by any conditions to be imposed by this Court. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. There are no criminal antecedents of this petitioner. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions.

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In the result, the following

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ORDER

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i) The petition is allowed.

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HC-KAR

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ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.129/2025 of Bantwala Police Station registered for offences punishable under Sections 352, 79, 196(1) and 353(2) of BNS subject to following conditions:

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a) The petitioner -accused shall voluntarily appear before the Investigating Officer within 10 days from this day and execute bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer.

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