- 1 - NC: 2025:KHC:12792 CRL.P No. 1184 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1184 OF 2025 BETWEEN: NIKHIL KUMAR @ MAHESHA S/O LATE KRISHNE GOWDA AGED ABOUT 28 YEARS R/AT NO.132, 7TH CROSS, 2ND MAIN, LAGGERE, BENGALURU-560058 …PETITIONER (BY SRI. JAGADISH L.,ADVOCATE) AND: STATE BY RAJGOPALNAGARA POLICE STATION BENGALURU REP BY SENIOR STATE PUBLIC PROSECUTOR ATTACHED TO THE HIGH COURT OF KARNATAKA, BENGALURU-560001 …RESPONDENT (BY SMT N ANITHA GIRISH., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ORDER AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO 294/2017 IN C. C NO 4554/2019 FOR THE OFFENCES PUNISHABLE U/S 399, 402 OF IPC BY THE RESPONDENT POLICE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12792 CRL.P No. 1184 of 2025 ORAL ORDER Accused No.4 in Crime No.294/2017 registered by Rajagopal Nagar Police Station, Bengaluru City, for offences punishable under Sections 399 and 402 of IPC is before this Court under Section 438 of Cr.P.C., seeking Anticipatory Bail. 2. FIR in Crime No.294/2017 was registered by the Rajagopal Nagar Police Station, Bengaluru City, for the aforesaid offences based on the first information dated 9.3.2017 received from Mithun Shilpi, Police Inspector attached to Rajagopal Nagar Police Station against Mahesh and 8 others. After completing investigation, charge sheet has been filed against 9 persons and petitioner is arrayed as accused No.4 in the charge sheet. His application filed under Section 438 of Cr.P.C., before the jurisdictional Sessions Court in Cril.Misc.No.8501/2024 was rejected on 7.10.2024. Therefore, he is before this Court. 3. Learned counsel for the petitioner submits that the petitioner was totally unaware of the present criminal case registered against him. In addition to the present criminal case, one other Crime No.290/2017 was registered by the very same police station for similar offences against the petitioner. - 3 - NC: 2025:KHC:12792 CRL.P No. 1184 of 2025 In the said case, the petitioner has been granted anticipatory bail by the jurisdictional Sessions Court in Crl.Misc.No.5147/2024, vide order dated 15.6.2024. Accused No.7 who was tried for the charge sheeted offences in the present case in SC No.152/2018 has been acquitted by the Trial Court vide judgment and order of acquittal dated 27.11.2021. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP opposes the petition and prays for dismissal of the petition. 5. A perusal of the material on record would go to show that the petitioner is involved in two criminal cases registered against him by the very same police station in Crime No.290/2017 and Crime No.294/2017 for offences punishable under Sections 399 and 402 of IPC. According to the prosecution, on 9.3.2017 when the first informant along with his staff were on patrolling duty they received credible information that about 8 to 9 unknown persons had assembled in a place armed with deadly weapons and were preparing to commit the crime. Immediately thereafter, the first informant with his staff had gone to the said spot and had managed to - 4 - NC: 2025:KHC:12792 CRL.P No. 1184 of 2025 apprehend accused Nos.1 to 3 and accused Nos.4 to 9 allegedly managed to escape from the spot. The petitioner is arrayed as accused No.4 in the charge sheet. Accused No.7 is also charged for similar offences in the charge sheet. He was one of the accused who managed to escape from the spot of crime and he has been acquitted by the Trial Court in SC No.152/2018. Undisputedly, except the aforesaid two cases there are no other criminal cases registered against the petitioner. 6. Learned counsel for the petitioner submitted that the petitioner is working in a private company and he was totally unaware of the criminal cases registered against him and in Crime No.290/2017 he has been already granted anticipatory bail by the jurisdictional Sessions Court in Crl.Misc.No.5147/2024. 7. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer for grant of anticipatory bail in this petition needs to be answered in the affirmative. 8. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to - 5 - NC: 2025:KHC:12792 CRL.P No. 1184 of 2025 release the petitioner in the event of his arrest in Crime No.294/2017 registered by Rajagopal Nagar Police Station, Bengaluru City, for the offences punishable under Sections 399 and 402 of IPC, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- 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 ND List No.: 1 Sl No.: 42