Mohammed Shafi & Ors vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by petitioners (Accused Nos.3 and 5 in FIR and accused Nos.5 and 7 in remand application) under Section 482 of Bharatiya Nagarik Suraksh Sanhita, 2023 praying to grant anticipatory bail in Crime No.378/2025 of Nelamangala Rural Police Station registered for the offence punishable under Section 109(1), and Section 190 of Bharatiya Nyaya Sanhita, 2023 and Section 27(2) of Arms Act, 1959.

Heard the learned counsel for petitioners and learned Additional State Public Prosecutor for respondent/State.

The learned counsel for petitioners would contend that, no overt act is alleged against the petitioners. The petitioners are stated to have attempted to kill the injured through an unknown person. As per remand application, it is accused No.2, who has taken gun from accused No.4, and shot at the injured at the instance of accused No.1. There is no role of these petitioners in the commission of the alleged offence. The petitioners are parents of accused No.6, who has contested the election against the complainant. There is no role of these petitioners in commission of alleged offence. The petitioners are ready to cooperate with the police in investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioners. On these grounds, he prayed to allow the petition.

Per contra, the learned Additional State Public Prosecutor for the respondent/State would contend that, the investigation is in progress. The petitioners instigated the other accused to kill the complainant. There is an allegation against the petitioners in the complaint that, at their instance, the other accused have attempted to kill the injured. With this, he prayed to reject the petition.

Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record.

This court while granting the bail to accused No.3 and 5 (as per FIR) and accused No.5 and 7 (as per remand application) in Crl. P No.16161/2025 by order dated 07.01.2026 has observed as under;

"6. As per averments of the complaint, accused no.1, who was having grudge against the injured, who was in jail, had come on parole, was sitting in the real estate office of these petitioners and they were giving financial aid to accused No.1. An unknown person shot at the injured with a pistol and caused injury. As per averments of the complaint at the instance of these petitioners and accused No.1, said unknown person had shot at the injured. As per remand application accused No.2 who took a gun from accused No.4 and who received information regarding movement of the injured from accused No.3, fired with a gun at the injured and caused injury. Petitioners have been shown as accused Nos.8 and 9 in the remand application. There is no specific allegation against these petitioners in the said remand application, Petitioners have undertaken to co-operate with the Police in the investigation and abide by any terms and conditions to be imposed by this Court. There are no criminal antecedents of the petitioners."

The petitioners are shown as accused No.3 and 5 in FIR and accused No.5 and accused No.7 in the remand application. There is no specific allegation against these petitioners in the remand application. There is no overt act alleged against these petitioners assaulting the injured. The petitioners are similarly placed to that of the accused persons, who have been granted anticipatory bail in Crl.P. No.16161/2025. The petitioners have undertaken to cooperate with the police in the investigation and abide by any terms and conditions to be imposed by this Court. There are no criminal antecedents of the petitioners.

Considering the above aspects, the petitioners have made out a case for grant of anticipatory bail with conditions.

In the result, the following:

ORDER

i) The petition is allowed.

ii) The petitioners are ordered to be released on bail in the event of their arrest in Crime No.378/2025 of Nelamangala Rural Police Station registered for the offence punishable under Section 109(1), and Section 190 of Bharatiya Nyaya Sanhita, 2023 and Section 27(2) of Arms Act, 1959 subject to following conditions.

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

b) The petitioners shall appear before the Investigating officer whenever call for and co-operate for investigation.

c) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.