- 1 - NC: 2025:KHC:12791 CRL.P No. 2405 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2405 OF 2025 BETWEEN: 1. MAHALINGA R S/O LATE RAMESH AGED ABOUT 30 YEARS RESIDENT OF WARD NO. 25 KEMPEGOWDA CIRCLE KODIPURA IJOOR RAMANAGARA TOWN 560 215 2. RAKESH S/O NAGESH AGED ABOUT 25 YEARS 3. MANU J N S/O NAGESH AGED ABOUT 23 YEARS PETITIONERS NO.2 AND 3 ARE RESIDENTS OF III CROSS GEETHA MANDIRA EXTENTION IJOOR RAMANAGARA 560 215 …PETITIONERS (BY SRI. A N RADHA KRISHNA., ADVOCATE) AND: THE STATE OF KARNATAKA BY IJOOR POLICE STATION RAMANAGARA REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU 560 001 …RESPONDENT (BY SRI. K NAGESHWARAPPA., HCGP) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12791 CRL.P No. 2405 of 2025 THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT/IJOOR POLICE, THAT IN THE EVENT OF PETITIONERs BEING ARRESTED IN CR.NO.104/2023, PENDING ON THE FILE OF THE LEARNED ADDITIONAL CIVIL JUDGE AND JMFC, RAMANAGAR, IN CC.NO.76/2024, FOR THE OFFENCES P/U/S 323,324,504,506,34 OF IPC, THEY MAY BE ENLARGED ON ANTICIPATORY BAIL 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 Accused Nos.1 to 3 in CC No.76/2024 pending before the Court of Additional Civil Judge and JMFC, Ramanagar, arising out of Crime No.104/2023 for offences punishable under Sections 323, 324, 504, 506, 307 read with 34 of IPC are before this Court under Section 438 of Cr.P.C., seeking Anticipatory Bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.104/2023 was registered by Ijoor Police Station, Ramanagara initially for offences punishable under Sections 323, 324, 504, 506 read with 34 of IPC based on the first information dated 17.11.2023 received from the injured victim, Dinesh against Mahalinga and two other unknown persons. Mahalinga who had surrendered before the - 3 - NC: 2025:KHC:12791 CRL.P No. 2405 of 2025 jurisdictional Court was granted regular bail. Investigation was completed and thereafter, charge sheet is now filed for the aforesaid offences against the petitioners herein and they are arraigned as accused Nos.1 to 3 in the charge sheet. Apprehending arrest, accused/petitioners had filed Crl.Misc.No.50/2025 before the jurisdictional Court which was rejected on 29.1.2025. Therefore, they are before this Court. 3. Learned counsel for the petitioners submits that the injured first informant has suffered simple injuries in the incident in question. The name of accused Nos.2 and 3 was not found in the FIR. Accused No.1 was granted regular bail prior to filing of charge sheet. Since charge sheet is now filed invoking the offence punishable under Section 307 of IPC, petitioners who are arraigned as accused Nos.1 to 3 apprehend their arrest. Accordingly, he prays to allow the petition. 4. Per contra, the learned HCGP who has opposed the petition does not dispute the submission made by the learned counsel for the petitioners. 5. A perusal of the material on record would go to show that in the FIR only the name of accused No.1/Mahalinga is found. The FIR was initially registered for offences - 4 - NC: 2025:KHC:12791 CRL.P No. 2405 of 2025 punishable under Sections 323, 324, 504, 506 read with 34 of IPC. Accused No.1/Mahalinga who was arrested in the case was granted regular bail by the jurisdictional Court of Magistrate. After investigation is completed, charge sheet is now filed against the petitioners herein and they are arraigned as accused Nos.1 to 3 in the charge sheet. 6. Undisputedly, the injured/first informant has suffered simple injuries in the incident in question. The petitioners do not have any criminal antecedents. 7. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners, who are apprehending arrest in the case since offence punishable under Section 307 of IPC is invoked by the jurisdictional police, for grant of Anticipatory Bail in this petition needs to be answered in the affirmative. 8. 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.104/2023 registered by Ijoor Police Station, Ramanagara, for the offences punishable under Sections 323, 324, 504, 506, 307 read with 34 of IPC, subject to the following conditions: - 5 - NC: 2025:KHC:12791 CRL.P No. 2405 of 2025 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 ND List No.: 1 Sl No.: 49