- 1 - NC: 2025:KHC:12521 CRL.P No. 967 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 967 OF 2025 BETWEEN: VIVEK M, S/O MANI K, AGED ABOUT 30 YEARS, RESIDING AT NO.65, 2ND CROSS, INDHIRANAGARA, RAJAJINAGARA, BENGALURU - 560 010. …PETITIONER (BY SRI. KUMARA K.G, ADVOCATE) AND: STATE OF KARNATAKA BY BASAVESHWARA NAGARA POLICE STATION, BANGALORE CITY - 560 079. (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001) …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.474/2024 OF THE RESPONDENT BASAVESHWARA NAGARA POLICE STATION WHICH IS PENDING ON THE FILE OF THE 24TH ADDL. CMM COURT, NRUPATUNGA ROAD, BANGALORE CITY, FOR THE ALLEGED OFFENCES P/U/S 316(2), 318(4), 3(5) OF BNS 2023 WITH A DIRECTION TO RELEASE HIM ON BAIL IN THE EVENT OF ARREST IN THE ABOVE CRIME. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:12521 CRL.P No. 967 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.474/2024 registered by Basaveshwara Nagar Police Station, Bengaluru City, for offences punishable under Sections 316(2), 318(4) read with Section 3(5) of BNS 2023 is before this Court under Section 482 of BNSS 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.474/2024 was registered by Basaveshwara Nagar Police Station, Bengaluru City, for the aforesaid offences against the petitioner and another based on the first information dated 28.11.2024 received from Ramesh S/o Late.Shrinivasa Murthy. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.11783/2024 before the Jurisdictional Sessions Court which was rejected on 10th January, 2025. Therefore, petitioner is before this Court. - 3 - NC: 2025:KHC:12521 CRL.P No. 967 of 2025 4. Learned Counsel for the petitioner having reiterated the grounds urged in this petition has prayed to allow this petition. 5. Per contra, learned HCGP has opposed the petition. 6. Perusal of the typed first information dated 28.11.2024 would go to show that allegations against accused persons is that though they had collected a sum of Rs.49,000/- each from the first informant and thirty nine others with an assurance that they will be taken to Thailand for a period of six days. The tour was cut short and within four days they had returned from Thailand. 7. From the perusal of the allegations found in the first information, it appears that grievance of the first informant is about deficiency of service. The alleged offences are triable by the Court of the Magistrate and the maximum punishment for the aforesaid offences is imprisonment for a period of seven years. - 4 - NC: 2025:KHC:12521 CRL.P No. 967 of 2025 8. Petitioner does not have any criminal antecedents and he has undertaken to cooperate with the police for the purpose of investigation. Considering the aforesaid aspects of the matter and also the nature of allegations found in the first informant, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest registered by Basaveshwara Nagar Police Station, Bengaluru City for offences punishable under Sections 316(2), 318(4) read with Section 3(5) of BNS 2023 is before this Court under 482 of BNSS 2023, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from - 5 - NC: 2025:KHC:12521 CRL.P No. 967 of 2025 the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The Petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 47 CT: BHK