- 1 - NC: 2025:KHC-K:2615 CRL.P No. 200796 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 6TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO.200796 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. RAJU @ RAJKUMAR S/O SHARNAPPA KATTIMANI, AGE: 42 YEARS, OCC: COOLIE, R/O H. NO. 434, KUSNOOR ROAD, NEAR KANNADA CONVENT SCHOOL, GDA COLONY, KALABURAGI. 2. DASHARATH S/O MAREPPA KALAGURTI, AGE: 56 YEARS, OCC: PRIVATE WORK, R/O H. NO. 11-2627, MSK MILL ROAD, NEAR AADIJAMABAV SCHOOL, VIJAY NAGAR, BRAHMAPUR, KALABURAGI. 3. PRAVIN S/O PARAMESHWAR KHANAVOLI, AGE: 34 YEARS, OCC: OWNER OF TATA ACE VEHICLE NO. KA-32/C-7608 AND MIKE SOUND SYSTEM, R/O NEAR DARGA, TAJ SULTANPUR, TQ. AND DIST. KALABURAGI. …PETITIONERS (BY SRI. LAGALI RAIMOHAN SURESH, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH THE SHO., BRAHMAPUR PS., REP. BY THE ADDL. STATE PUBLIC PRSECUTOR, HIGH COURT OF KARNATAKA, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2615 CRL.P No. 200796 of 2025 KALABURAGI-585 102 …RESPONDENT (BY SRI. VEERANAGOUDA MALIPATIL, HCGP) THIS CRL.P IS FILED U/S. 438 OF CR.P.C (OLD) / U/S 482 OF BNSS (NEW), PRAYING TO ALLOW THIS ANTICIPATORY BAIL PETITION, THEREBY ISSUE SUITABLE DIRECTIONS TO THE CONCERNED POLICE AUTHORITIES TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN BRAHMAPUR PS. CRIME NO. 61/2025 PENDING ON THE FILE OF IV ADDL. CIVIL JUDGE (JR. DN.) AND JMFC, KALABURAGI FOR THE OFFENCES PUNISHABLE U/S 132, 352, 351(2), 351(3) R/W SEC. 3(5) OF BHARATIYA NYAYA SANHITA, 2023. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1 to 3 in Crime No.61/2025 registered by Brahmapur Police Station, Kalaburagi for the offences punishable under Sections 132, 352, 351 (2), 351 (3) read with Section 3(5) of BNS, 2023 are before this Court - 3 - NC: 2025:KHC-K:2615 CRL.P No. 200796 of 2025 under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the petitioners and learned High Court Government Advocate, who is directed to take notice for respondent. 3. FIR in Crime No.61/2025 was registered by Brahmapur Police Station, Kalaburagi for the aforesaid offences against the petitioner No.1 and others based on the first information dated 01.04.2025 received from Sri. Somalinga Kirdalli, Police Officer, Brahmapur Police Station, Kalaburagi. The petitioners apprehending their arrest approached the Sessions Court in Crl.Misc.No.501/2024, which was rejected on 22.04.2025. Therefore, the petitioners are before this Court. 4. A perusal of the materials available on record would go to show that the incident in question had taken place on 01.04.2025 after Smt. Jyoti w/o Parashuram, who is the younger sister of petitioner No.1/accused No.1, - 4 - NC: 2025:KHC-K:2615 CRL.P No. 200796 of 2025 who was admitted in a hospital at Kalaburagi for delivery died in the said hospital. It appears that in this background, the relatives of the deceased had protested near the said hospital, in which Smt. Jyoti had died. Therefore, the police had arrived at the spot, where the family members of the deceased were protesting. The allegations against the accused persons is that they had abused a Senior Officer of the Police and also the Deputy Commissioner in filthy language and that they had obstructed the government servants from discharging their duty. The maximum punishment for the alleged offences is imprisonment for a period of 7 years. The petitioners have undertaken to co-operate with the police for the purpose of investigation. 5. Considering the background in which the incident in question had taken place and also the relationship of the parties with the deceased, I am of the opinion that the prayer made by the petitioners for grant - 5 - NC: 2025:KHC-K:2615 CRL.P No. 200796 of 2025 of anticipatory bail needs to be answered affirmatively. Accordingly, I pass the following order: ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.61/2025 registered by Brahmapur Police Station, Kalaburagi, for the offences punishable under Sections 132, 352, 351 (2), 351 (3) read with Section 3(5) of BNS, 2023, pending before the Court of IV Addl. Civil Judge (Jr. Dn.) and JMFC, Kalaburagi, subject to the following conditions: 1. Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 6 - NC: 2025:KHC-K:2615 CRL.P No. 200796 of 2025 3. Petitioners shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. Petitioners shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE NJ List No.: 1 Sl No.: 17 CT: AK