- 1 - NC: 2025:KHC:9994 CRL.P No. 1258 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1258 OF 2025 BETWEEN: K.B. SOMASHEKAR, S/O LATE BASAVACHAR, AGED ABOUT 54 YEARS, R/A VIDYA NAGAR, MANDYA CITY - 571 401. …PETITIONER (BY SRI. SANATH KUMARA K.M, ADVOCATE) AND: STATE OF KARNATAKA BY MANDYA WEST POLICE STATION, MANDYA - 547 1401, REPRESENTED BY STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, HIGH COURT KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT THE ANTICIPATORY BAIL IN THE EVENT OF RESPONDENT POLICE ARREST THE PETITIONER IN CRIME NO.193/2024 REGISTERED BY THE MANDYA WEST POLICE FOP THE ALLEGED OFFENCES P/U/S 115(2), 118(2), Digitally signed by NANDINI D Location: High Court of Karnataka - 2 - NC: 2025:KHC:9994 CRL.P No. 1258 of 2025 119, 126(2), 189(2), 190, 331, 351(2), 352 OF BNS 2023 ON THE FILE OF THE PRL. CIVIL JUDGE (Sr.Dn) AND CJM COURT, MANDYA DISTRICT, MANDYA. 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.194/2024 registered by Mandya West police station, Mandya sub-division, for the offences punishable under Sections 115(2), 118(2), 119, 126(2), 189(2), 190, 331, 351(2) and 352 of the B.N.S., 2023 is before this Court under Section 482 of the B.N.S., 2023 seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.194/2024 was registered by Mandya West police station, Mandya sub-division for the aforesaid offences against the petitioner and nine others, based on the first information dated 26.12.2024 received from injured Nagesh.M.P s/o Late Padmanabaiah M.C. - 3 - NC: 2025:KHC:9994 CRL.P No. 1258 of 2025 Apprehending his arrest, the petitioner had filed bail application before the jurisdictional Sessions Court in Crl.Misc.No.862/2024 which was rejected on 10.01.2025. Therefore, he is before this Court. 4. Learned Counsel appearing for the petitioner submits that in respect of the alleged incident that has taken place on 26.12.2024, there is a case and counter- case registered by the jurisdictional police. The first informant in the present case has not suffered any grievous injuries. He further submits that the sister of the petitioner has filed a suit in O.S.No.140/2024 before the jurisdictional Sessions Court in which the first informant and his wife are parties. There is an order of injunction operating as against the wife of the first informant in the said suit. The petitioner is a practicing advocate and has no criminal antecedents. Accordingly, he prays to allow this petition. - 4 - NC: 2025:KHC:9994 CRL.P No. 1258 of 2025 5. Per contra, learned HCGP who has opposed the petition does not dispute the submission made the learned Counsel for the petitioner. 6. Perusal of the material on record would go to show that in respect of the alleged incident that had taken place on 26.12.2024, there is a case and counter case registered by Mandya West police station, Mandya registered in Crime No.193/2024 and Crime No.194/2024. The FIR in Crime No.193/2024 was registered for the offences punishable under Sections 115(2), 3(5), 331, 352 and 76 of the B.N.S., 2023 against Nagesh and another based on the first information submitted by Sushilamma K., who is the elder sister of the petitioner. FIR in Crime No.194/2024 was registered for the aforesaid offences against the petitioner and nine others based on the first information submitted by Nagesh, who is accused No.1 in Crime No.193/2024. 7. Material on record would go to show that Susheelamma, along with others, has filed a suit in - 5 - NC: 2025:KHC:9994 CRL.P No. 1258 of 2025 O.S.No.194/2024 before the jurisdictional Sessions Court and in the said suit, Nagesha M.P. and his wife, namely, D.R.Poornima are arrayed as defendant Nos.10 and 11 and there is an order of injunction operating as against the wife of Nagesha M.P. Nagesha M.P., who has allegedly suffered grievous injuries in the incident in question had appeared in person before the police station on the date of incident at about 7.30 p.m., and has submitted the first information. 8. Undisputedly, the petitioner has no other criminal antecedents. He has undertaken to co-operate with the police during investigation and all the other accused persons have been granted bail by the Sessions court. Under the circumstances, I am of the view that, without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following:- - 6 - NC: 2025:KHC:9994 CRL.P No. 1258 of 2025 ORDER The 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 in Crime No.194/2024 registered by Mandya West police station, Mandya sub-division, for the offences punishable under Sections 115(2), 118(2), 119, 126(2), 189(2), 190, 331, 351(2) and 352 of the B.N.S., 2023, subject to the following conditions: a) The petitioner shall execute 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; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - NC: 2025:KHC:9994 CRL.P No. 1258 of 2025 d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE HDK List No.: 1 Sl No.: 52 CT: BHK