- 1 - NC: 2025:KHC:9424 CRL.P No. 2156 of 2025 C/W CRL.P No. 2133 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2156 OF 2025 C/W CRIMINAL PETITION NO. 2133 OF 2025 IN CRL.P No. 2156/2025: BETWEEN: 1. SRI M.V. RENUKA PRASAD S/O VIJAYAKUMAR V AGED ABOUT 20 YEARS R/AT NO. 11/6, CHADURANGA ROAD DATTAGALLI, MYSURU - 570 023. 2. SRI GURU R S/O RAJU AGED ABOUT 32 YEARS R/AT NO.2775, RAILWAY GATE ROAD, K.G. KOPPAL MYSURU - 570 009. …PETITIONERS (BY SRI RAJA K.P, ADV.) AND: STATE BY SARASWATHIPURAM POLICE STATION, MYSURU - 570 009 REPRESENTED BY HIGH COURT OF KARNATAKA, AT BANGALORE / SPP BANGALORE - 560 001. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:9424 CRL.P No. 2156 of 2025 C/W CRL.P No. 2133 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN CR.NO.02/2025 OF SARASWATHIPURAM POLICE STATION FOR THE OFFENCE P/U/S 109, 115(2) R/W 3(5) OF BNS, WHICH IS PENDING BEFORE THE LEARNED COURT OF III JMFC COURT, MALALAVADI MYSURU, MYSURU CITY IN THE ABOVE CASE. IN CRL.P NO. 2133/2025: BETWEEN: 1. SRI MANIKANTA @ MANI S/O NAGENDRA AGED ABOUT 27 YEARS R/AT K R SAGARA VILLAGE AND POST, HONGALLI, KRISHNARAJA SAGARA SRIRANGAPATNA TALUK MANDYA DISTRICT - 571 607. 2. SRI PAVAN M.S S/O SHIVAKUMAR M H AGED ABOUT 19 YEARS R/AT NO.2272/B CH21/1B RAILWAY GATE ROAD PAMPAVATHI ROAD K.G. KOPPAL, MYSURU - 570 009. ...PETITIONERS (BY SRI RAJA K.P, ADV.) AND: STATE BY SARASWATHIPURAM POLICE STATION, MYSURU - 570 009 REPRESENTED BY HIGH COURT OF KARNATANA, AT BANGALORE/SPP BANGALORE - 560 001. ...RESPONDENT (BY SRI K. NAGESHAWARAPPA, HCGP) - 3 - NC: 2025:KHC:9424 CRL.P No. 2156 of 2025 C/W CRL.P No. 2133 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.02/2025 OF SARASWATHIPURAM P.S. FOR THE OFFENCE P/U/S 109,115(2) R/W 3(5) OF BNS WHICH IS PENDING BEFORE THE LEARNED COURT OF III J.M.F.C COURT MALALAVDI MYSURU CITY IN THE ABOVE CASE. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. These two petitions arise out of Crime No.2/2025 registered by Saraswathipuram Police Station, Mysuru, for the offences punishable under Sections 109, 115 (2) read with Section 3 (5) of BNS, 2023, and therefore, they are heard together and disposed of by this common order. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.2/2025 was registered by Saraswathipuram Police Station, Mysuru, for the aforesaid offences against Renukaprasad and four others based on the first information received from Smt. Vasantha, mother of - 4 - NC: 2025:KHC:9424 CRL.P No. 2156 of 2025 C/W CRL.P No. 2133 of 2025 injured victim. During the course of investigation, accused Nos.1 and 2 were arrested and their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.74/2025 was rejected on 04.02.2025. Therefore, they are before this Court in Crl.P.No.2156/2025 seeking regular bail. Apprehending arrest in the said case, accused Nos.3 and 4 named in the FIR had filed Crl.Misc.No.61/2025 before the jurisdictional Sessions Court which was rejected on 04.02.2025. Therefore, accused Nos.3 and 4 are before this Court in Crl.P.No.2133/2025 seeking anticipatory bail. 4. Learned counsel for the petitioners submits that there is a case and counter case in respect of the alleged incident and both the parties have suffered injuries. Injured victims in the present case have already been discharged from the Hospital. Petitioners do not have any criminal antecedents. Accordingly, he prays to allow the petitions. 5. Per contra, learned HCGP has opposed the petitions. He submits that both the injured in the present case have suffered grievous injuries. Investigation in the case is under progress. Accordingly, he prays to dismiss the petitions. - 5 - NC: 2025:KHC:9424 CRL.P No. 2156 of 2025 C/W CRL.P No. 2133 of 2025 6. A perusal of the material on record would go to show that on 06.01.2025 at about 07.30 p.m. injured victims in the present case namely, Ravi Kumar and Shiva Kumar, who are the sons of first informant had quarreled with one Nitin and Surya and at that time, accused No.1 who came there all of a sudden abused and assaulted Ravi Kumar and Shiva Kumar. On the same day, at about 08.00 p.m., victims had gone to meet Renukaprasad to enquire as to why he had assaulted them and in the quarrel that took place thereafter, the accused persons allegedly assaulted the victims with deadly weapons and caused grievous injuries. 7. From a reading of the statement of the victims, it is apparent that allegation of assaulting the victims with weapons and causing grievous injuries is only as against accused Nos.1 and 2, who are in custody. In respect of the alleged incident that had taken place at about 08.00 p.m. on 06.01.2025, there is a case and counter case registered in Crime No.2/2025 and 3/2025 by Saraswathipuram Police Station, Mysuru. Accused No.1 Renukaprasad has also suffered injuries in the incident in question. Undisputedly, petitioners do not have any criminal antecedents. Considering the aforesaid aspects of the matter, I - 6 - NC: 2025:KHC:9424 CRL.P No. 2156 of 2025 C/W CRL.P No. 2133 of 2025 am of the opinion that the prayer made by the petitioners in these two petitions needs to be granted. Accordingly, the following order:- 8. The petitions are allowed. The petitioners/accused Nos.1 and 2 are directed to be enlarged on bail in Crime No.2/2025 registered by Saraswathipuram Police Station, Mysuru, for the offences punishable under Sections 109, 115 (2) read with Section 3 (5) of BNS, 2023, subject to the following conditions: a) Petitioners/accused Nos.1 and 2 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 jurisdictional Court; b) The petitioners/accused Nos.1 and 2 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners/accused Nos.1 and 2 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners/accused Nos.1 and 2 shall not involve in similar offences in future; - 7 - NC: 2025:KHC:9424 CRL.P No. 2156 of 2025 C/W CRL.P No. 2133 of 2025 e) The petitioners/accused Nos.1 and 2 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. 9. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners/accused Nos.3 and 4 in the event of their arrest Petitioners/accused Nos.1 and 2, subject to the following conditions: 1. The Petitioners/accused Nos.3 and 4 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/accused Nos.3 and 4 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons; 3. Petitioners/accused Nos.3 and 4 shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon; - 8 - NC: 2025:KHC:9424 CRL.P No. 2156 of 2025 C/W CRL.P No. 2133 of 2025 4. The petitioners/accused Nos.3 and 4 shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN