- 1 - NC: 2025:KHC:10956 CRL.P No. 2104 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. 2104 OF 2025 BETWEEN: 1. MAHANTESH S/O NAJUKAPPA AGED ABOUT 53 YEARS BUSINESS R/AT NEAR AJJANA TEMPLE AASARA MOHALLA, CHALALKERE TOWN CHITRADURGA DISTRICT - 577 522. 2. RAJENDRAPRASAD S/O GUNDAPPA AGED ABOUT 27 YEARS BUSINESS, R/O CHITRAIHANAHATTI CROSS CHALLAKERE TOWN CITRADURGA TALUK AND DISTRICT - 577 522. …PETITIONERS (BY SRI MARUTHI G.B, ADV.) AND: STATE OF KARNATAKA BY JAGALURU POLICE STATION - 577528 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THE PETITION AND GRANT ANTICIPATORY BAIL THE PETITIONERS / ACCUSED NO.3 AND 5 Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10956 CRL.P No. 2104 of 2025 IN CONNECTION WITH CR.NO.13/2025 REGISTERED BY THE JAGALURU P.S. FOR THE OFFENCE P/U/S 189(2), 191(1), 191(3), 35, 109, 115(2), 118(1), 351(2), 351(3), 329(4) R/W SEC.190 OF BNS 2023 BEFORE II ADDL.DISTRICT AND SESSIONS JUDGE DAVANAGERE . 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.3 and 5 in Crime No.13/2025 registered by Jagalur Police Station, Davanagere, for the offences punishable under Sections 189(2), 191(2), 191(3), 352, 109, 115(2), 118(1), 351(2), 351(3), 329(4) and 190 of BNS, 2023, 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.13/2025 was registered by Jagalur Police Station, Davanagere, for the aforesaid offences against Kubera and 14 others based on the first information dated 09.01.2025 received from M. Raju, who is one of the injured in the present case. Apprehending arrest in the case, petitioners had filed - 3 - NC: 2025:KHC:10956 CRL.P No. 2104 of 2025 Crl.Misc.No.62/2025 which was dismissed as against them by the jurisdictional Sessions Court on 27.01.2025. Therefore, they are before this Court. 4. A perusal of the material on record would go to show that in respect of the alleged incident that had taken place on 08.01.2025, there is a case and counter case registered by Jagalur Police Station, Davanagere. FIR in Crime No.10/2025 was registered against Manjunatha and 3 others based on the first information dated 08.01.2025 received from Najukappa S/o Sanna Gurappa, who is arraigned as accused No.13 in the present case. FIR in Crime No.13/2025 was registered based on belated first information received from M Raju, who is arraigned as accused No.3 in Crime No.10/2025. All other accused persons except petitioners herein have been granted anticipatory bail by the jurisdictional Sessions Court in the present case. The material on record would go to show that injured in the present case have suffered only simple injuries. Petitioners do not have any criminal antecedents and they are said to be agriculturists by avocation. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made - 4 - NC: 2025:KHC:10956 CRL.P No. 2104 of 2025 by the petitioners for grant of anticipatory bail needs to be granted. Accordingly, the following order:- 5. 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.13/2025 registered by Jagalur Police Station, Davanagere, for the offences punishable under Sections 189(2), 191(2), 191(3), 352, 109, 115(2), 118(1), 351(2), 351(3), 329(4) and 190 of BNS, 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. - 5 - NC: 2025:KHC:10956 CRL.P No. 2104 of 2025 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN