- 1 - NC: 2025:KHC:11653 CRL.P No. 2211 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2211 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI WASIM BASHA S/O FAYAZ BASHA AGED ABOUT 39 YEARS NO. 2K # 329, 1ST FLOOR, MUMMY DADDY LAYOUT, KARIYAPPANA HALLI VILLAGE, BANNERGATTA POST, VTC, BANGALORE SOUTH - 83. …PETITIONER (BY SRI. DHARMAPAL., ADVOCATE) AND: THE STATE OF KARNATAKA THE INSPECTOR OF POLICE DEVANAHALLI POLICE STATION DEVANAHALLI - 562 110 REPT: BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE 01 …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP.) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT DEVANAHALLI POLICE TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HE IS BEING ARRESTED IN CR.NO.154/2024 DTD 15.09.2024, FOR THE OFFENCE P/U/S 303(2) OF BNS, PENDING ON THE LEARNED PRL. CIVIL JUDGE AND JMFC, AT DEVANAHALLI. THIS PETITION, COMING ON ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI B G Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11653 CRL.P No. 2211 of 2025 ORAL ORDER Accused No.3 in Crime No.154/2024 registered by Devanahalli Police Station, Bengaluru for offence under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking anticipatory bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No.154/2024 was registered by Devanahalli Police Station, Bengaluru for the aforesaid offence against Iliyasa and two others on the basis of the first information dated 15.09.2024 received from Israr Ahmed Mohammed Siddique Shah. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.15027/2025 before the Jurisdictional Sessions Court which was rejected on 05.02.2025. Therefore, the petitioner is before this Court. 4. Perusal of the material on record would go to show that first informant who had purchased scrap material at Bengaluru had entrusted the same to accused No.1 for the purpose of transporting the same to Mumbai. Allegation in the first information is that, accused No.1 had thereafter not - 3 - NC: 2025:KHC:11653 CRL.P No. 2211 of 2025 delivered the scrap material at Mumbai and on the other hand, he had disposed of the scrap materials at Bangalore for a sum of Rs.12 Lakhs and out of the same, Rs.3 Lakhs was distributed to the other accused persons. 5. Petitioner is arrayed as accused No.3 and allegation against him is that, he had received certain money from accused No.1 for having helped him to dispose of the scrap material, which was entrusted to him by the first informant. Undisputedly, petitioner has no other criminal antecedents and he has undertaken to co-operate with the police for the purpose of investigation. All the other accused persons who are said to have been arrested in the present case including accused No.1 are said to have been enlarged on regular bail. Considering the aforesaid aspects of the matter and also considering the fact that the petitioner's name is not found in the FIR, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. - 4 - NC: 2025:KHC:11653 CRL.P No. 2211 of 2025 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.154/2024 registered by Devanahalli Police Station, Bengaluru for offence under Section 303(2) of BNS, subject to the following conditions: 1. The Petitioner 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/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE SPV/List No.: 1 Sl No.: 52