- 1 - NC: 2025:KHC:10957 CRL.P No. 1866 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1866 OF 2025 BETWEEN: 1. VEERAJ B H S/O HOOVEGOWDA AGED ABOUT 45 YEARS OCC AGRICULTURIST R/O BAAREKERE IN BALEHALLI VILLAGE, HANDI POST ALDURU HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT - 577 111. 2. MAHESHA S/O JUNJEGOWDA AGED ABOUT 46 YEARS OCC AGRICULTURIST R/O BAAREKERE IN BALEHALLI VILLAGE, HANDI POST ALDURU HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT - 577 111. …PETITIONERS (BY SRI C.R. GOPALASWAMY, SR. COUNSEL FOR SRI CHINNAPPA GOWDA D.G, ADV.) AND: THE STATE OF KARNATAKA BY ALDURU POLICE STATION, ALDURU CIRCLE, CHIKKAMAGALURU DISTRICT - 577 111, (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001) …RESPONDENT (BY SMT. PUSHPALATHA B, ADLL SPP) Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10957 CRL.P No. 1866 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO DIRECT THE CONCERNED POLICE OF ALDURU POLICE STATION, ALDURU CIRCLE, CHIKKAMAGALURU DISTRICT TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.117/2024 OF ALDURU POLICE STATION, ALDURU CIRCLE, CHIKKAMAGALURU DISTRICT (REGISTRERED FOR THE OFFENCES P/U/S 109, 118(2) R/W 3(5) OF BNS, 2023 (CORRESPONDING PROVISIONS: SEC.307, 326 R/W 34 IPC 1860) AND SEC. 25, 3 OF INDIAN ARMS ACT, 1959, NOW PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, CHIKKAMGALURU WITH SUCH CONDITIONS WHICH THIS HONBLE HIGH COURT DEEMS FIT TO BE IMPOSED IN THE CIRCUMSTANCES OF THE CASE. 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 and 2 in Crime No.117/2024 registered by Aldur Police Station, Chikkamagaluru, for the offences punishable under Sections 109, 118(2) and 3(5) of BNS, 2023 and Sections 25 and 3 of Arms Act, 1959, are 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.117/2024 was registered by Aldur Police Station, Chikkamagaluru, for the aforesaid offences against petitioners herein based on the first information dated - 3 - NC: 2025:KHC:10957 CRL.P No. 1866 of 2025 07.11.2024 received from M S Puttaswamegowda, who is the husband of injured Smt. Parvathi. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.634/2024 before the jurisdictional Sessions Court which was rejected on 29.11.2024. Therefore, they are before this Court. 4. Learned Senior counsel appearing on behalf of the petitioners having reiterated the grounds urged in the petition submits that the material on record would go to show that injured Smt. Parvathi has been discharged from the Hospital on 14.11.2024. First informant and the injured have stated no objection for grant of bail before the jurisdictional Sessions Court. Petitioners have been falsely implicated in the present case and there is a delay in lodging the FIR. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. The material on record would go to show that on the evening of 06.11.2024 at about 5.00 p.m. incident in question had taken place in which Smt. Parvathi, wife of the first informant had suffered grievous injuries. According to the first informant, petitioners were present at the spot at the time of - 4 - NC: 2025:KHC:10957 CRL.P No. 1866 of 2025 incident. Though the alleged incident had taken place on 06.11.2024, for the reasons best known to first informant, who is the husband of the injured, he had approached the police belatedly on 07.11.2024 at 01.30 p.m. The material on record would go to show that injured Smt. Parvathi, who was admitted in Hospital has been discharged from the Hospital on 14.11.2024 and her condition is said to be stable. First informant and the injured were arraigned as respondent Nos.2 and 3 in Crl.Misc.No.634/2024 filed by the petitioners before the jurisdictional Sessions Court seeking anticipatory bail and respondent Nos.2 and 3 i.e., first informant and injured victim had submitted before the learned Sessions Judge that they have no objection to grant bail to the petitioners. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners, who have undertaken to cooperate with the police for the purpose of investigation, needs to be granted. Accordingly, the following order:- 7. 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.117/2024 registered by Aldur Police Station, - 5 - NC: 2025:KHC:10957 CRL.P No. 1866 of 2025 Chikkamagaluru, for the offences punishable under Sections 109, 118(2) and 3(5) of BNS, 2023 and Sections 25 and 3 of Arms Act, 1959, are before this Court under Section 482 of BNSS, 2023, subject to the following conditions: 1. The Petitioners 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/- 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. 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN