Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:10989 CRL.P No. 2518 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. 2518 OF 2025 BETWEEN:
1.
N. PUNITH S/O NARASIMHAIAH N AGED ABOUT 22 YEARS R/AT NO.118, HORAMAVU NR WATER TANK, HORAMAVU BANGALORE - 560 113.
2. MANUSH S/O SRI DHANMESH AGED ABOUT 23 YEARS R./AT NO.301, PANATHUR VILLAGE, VARTHURU HOBLI BANGALORE - 560 103. …PETITIONERS (BY SRI RAMESHA H.N, ADV.) AND:
STATE OF KARNATAKA BY HENNUR P.S.
REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER /ACCUSED NO.6 AND 7 ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.4/2025 REGISTERED BY THE HENNUR POLICE FOR THE ALLEGED OFFENCES P/U/S 109, 118(1), 352, 74, 3(5) OF BNSS-
Digitally signed by NANDINI MS Location: High Court of Karnataka
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NC: 2025:KHC:10989 CRL.P No. 2518 of 2025
2023 PENDING ON THE FILE OF THE HONBLE XI ADDL. CHIEF JUDICIAL MAGISTRATE COURT AT BENGALURU.
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.6 and 7 in Crime No.4/2025 registered by Hennur Police Station, Bengaluru City for the offence punishable under Sections 109, 118(1), 352 74 R/w 3(5) of BNS, 2023 is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail.
2. Heard the learned counsel appearing for the parties.
3. FIR in Crime No.4/2025 was registered by Hennur Police Station, Bengaluru City for the aforesaid offences against one Biju Shivananda and two others, based on the first information dated 05.01.2025 received from Smt. Jayalaxmi W/o Eshwarappa. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.594/2025, before the jurisdictional Sessions
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NC: 2025:KHC:10989 CRL.P No. 2518 of 2025
Court were rejected on 25.02.2025 and 03.03.2025. Therefore, they are before this Court.
4.
Learned counsel for the petitioners submits that name of the petitioners is not found in the FIR. Accused Nos.2 and 3 have been granted anticipatory bail by the jurisdictional Sessions Court. Accordingly, he prays to allow the petition.
5. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the
learned counsel for the petitioner.
6. Perusal of the material on record would go to show that, FIR in the present case was registered against Biju Shivananda and two other named persons. The petitioners' name is not found in the FIR. Undisputedly, the petitioners do not have any criminal antecedents. Accused Nos.2 and 3 have been granted anticipatory bail by the jurisdiction Sessions Court. Accused Nos.4 and 5 have been granted regular bail by this Court in Crl.P.No.2854/2025. Under these circumstances, I am of
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NC: 2025:KHC:10989 CRL.P No. 2518 of 2025
the opinion that, the petitioners' prayer for grant of anticipatory bail is required to be answered affirmatively.
7. Accordingly, the following:
ORDER The Criminal 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.4/2025 registered by Hennur Police Station, Bengaluru City for the offence punishable under Sections 109, 118(1), 352, 74 R/w 3(5) of BNS, 2023 subject to the following conditions:
1. The petitioners shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court.
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NC: 2025:KHC:10989 CRL.P No. 2518 of 2025
2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. The 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
NMS