- 1 - NC: 2025:KHC:15423 CRL.P No. 1808 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No. 1808 OF 2025 BETWEEN: 1. ABHISIRIL @ ABHI S/O GNANAPRAKASH AGED ABOUT 19 YEARS. 2. RAHUL @ JEKAB S/O GNANAPRAKASH AGED ABOUT 20 YEARS BOTH THE PETITIONERS No.1 AND 2 ARE R/AT LURUDHU NAGAR ANDERSONPET, K.G .F KOLAR DISTRICT - 563 113. 3. SACHIN @ TIPIK S/O KARTHOVIAN AGED ABOUT 20 YEARS R/AT DOOR No. 222 FIVE LIGHTS LOCAL QUARTERS OORGAUM POST, K G F KOLAR DISTRICT - 563 120. …PETITIONERS (BY SRI A V RAMAKRISHNA, ADVOCATE) AND: THE STATE OF KARNATAKA THE S.H.O. OORGAUM POLICE STATION OORGAUM, K .G .F, REPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15423 CRL.P No. 1808 of 2025 HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI K NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THEM ON BAIL IN CR.No.58/2024 OF OORGAUM POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 189(2), 189(4), 191(2), 191(3), 324(4), 352, 109, 190 OF BNS, NOW PENDING ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, KGF, IN C.C.No.4/2025 AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos. 1, 2 and 4 in crime No. 58/2024 registered by the Ooragum Police Station, KGF, for offences punishable under Sections 189(2), 189(4), 191(2), 191(3), 324(4), 352, 109, 190 of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the B.N.S.), are before this Court under Section 483 of B.N.S.S. seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in crime No. 58/2024 was registered by Ooragum Police Station, KGF for the aforesaid offences - 3 - NC: 2025:KHC:15423 CRL.P No. 1808 of 2025 against Abhi and others based on the first information dated 07.11.2024 received from Smt. Divya wife of Sri. Abishek. During the course of investigation, accused No. 1 was arrested on 09.11.2024 and accused Nos. 2 and 4 were arrested on 14.11.2024. After completing investigation charge sheet has been filed against 13 persons and petitioners herein are arraigned as accused Nos. 1, 2 and 4 in the charge sheet. Their bail application filed before the jurisdictional Sessions Court was rejected on 21.01.2025. Therefore, they are before this Court. 4. Learned counsel for petitioners submits that the petitioners are youngsters and they are in custody for more than 4 months. Nobody has suffered any injury in the incident in question. Investigation is completed. With this, he prays to allow the petition. 5. Learned HCGP opposed the petition submitting that the petitioners herein are the persons with criminal antecedents and in the event they are enlarged on bail there are chances of they committing similar offences. Accordingly, prays to dismiss the petition. - 4 - NC: 2025:KHC:15423 CRL.P No. 1808 of 2025 6. A perusal of the material on record would go to show that the petitioners herein who are arraigned as accused Nos. 1, 2 and 4 in the charge sheet are in custody for last more than 5 months. Investigation of the case is completed and charge sheet has been filed. The allegation in the first information as well as in the charge sheet is that accused in the present case had formed themselves into an unlawful assembly, had gone to the house of the defacto complainant – C.W.1 in search of her husband and having found that husband of C.W.1 was not in the house, they allegedly had damaged the door of the house and also threatened the first informant and other inmates of the house with dire consequences and had left the house. 7. Undisputedly first informant or anybody else have not suffered any injury in the incident in question. The apprehension expressed by the learned HCGP can be met with by imposing proper conditions on the petitioners. Accordingly, the prayer of the petitioners for grant of regular bail requires to be answered in the affirmative. - 5 - NC: 2025:KHC:15423 CRL.P No. 1808 of 2025 8. Petition is allowed. Petitioners are directed to be enlarged on bail in Crime No.58/2024 of Oorgaum Police Station registered for the offences punishable under Sections 189(2), 189(4), 191(2), 191(3), 324(4), 352, 109, 190 of B.N.S. subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) Petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) Petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioners shall not involve in similar offences in future; e) Petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. - 6 - NC: 2025:KHC:15423 CRL.P No. 1808 of 2025 f) Petitioners are directed to mark their attendance on every alternative Sunday between 10.00 a.m. and 01.00 p.m. before the Station House Officer, Ooragum Police Station, KGF, till the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE LRS List No.: 1 Sl No.: 67