- 1 - NC: 2025:KHC:10282 CRL.P No. 2743 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2743 OF 2025 BETWEEN: 1. NARAYANA REDDY S/O LATE BABU REDDY AGED ABOUT 49 YEARS. 2. BABU REDDY @ BABU. G S/O. GOPALA REDDY AGED ABOUT 31 YEARS. 3. THIMMA REDDY S/O NARAYANA REDDY AGED ABOUT 56 YEARS. 4. ROOPA W/O NARAYANA REDDY AGED ABOUT 38 YEARS. 5. LAKSHMIDEVI W/O RAVINDRA REDDY AGED ABOUT 48 YEARS. ALL ARE R/AT APPAJIHALLI VILLAGE, NAGALAMADIKE HOBLI, PAVAGADA TALUK TUMAKURU DISTRICT - 572 136. …PETITIONERS (BY SRI MANJUNATH B.R, ADV.) AND: STATE BY PAVAGADA POLICE STATION, TUMAKURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10282 CRL.P No. 2743 of 2025 COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP; SRI SOMASHEKAR HALVI, ADV.) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CR.NO.3/2025 OF PAVAGADA POLICE STATION,REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 115(2), 117(2), 54, 133, 324(4), 351(2), 352, 109 R/W 190 OF BNS AND DIRECT THE INVESTIGATING OFFICER OR ANY OTHER OFFICER, WHO IS INVESTIGATING IN THIS MATTER TO RELEASE HER ON BAIL IN THE EVENT OF HER ARREST IN THE ABOVE CASE. 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 5 in Crime No.3/2025 registered by Pavagada Police Station, Tumakuru District for the offences punishable Sections 117(2), 115(2), 133, 324(4), 351(2), 352, 54 & 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.3/2025 was registered by Pavagada Police Station, Tumakuru District initially for the offences punishable Sections 117(2), 115(2), 133, 324(4), - 3 - NC: 2025:KHC:10282 CRL.P No. 2743 of 2025 351(2), 352, 54 & 190 of BNS, 2023 on the basis of first information dated 06.01.2025 received from Sri Ramanjinappa T.A. During the course of investigation of the said case, accused Nos.1 and 4 to 6 were arrested on 06.01.2025 and remanded to judicial custody. Their regular bail application filed before the jurisdictional Magistrate was allowed on 09.01.2025. It appears that subsequently, Investigation Officer has invoked Section 109 of BNS, 2023 in the present case. It is under these circumstances, apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.5039/2025 before the jurisdictional Sessions Court, which was rejected on 18.02.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that on the merits of the case arrested accused in Crime No.3/2025 were enlarged on bail by the learned Magistrate. The main allegation in the first information is as against accused No.1 who was arrested in the present case. Omnibus allegations are found as against other - 4 - NC: 2025:KHC:10282 CRL.P No. 2743 of 2025 accused persons. The petitioners do not have any other criminal antecedents and they are ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP and learned counsel appearing for defacto complainant, who is permitted to assist the prosecution have opposed the prayer made in the petition. They submit that in public place accused persons had assaulted the first informant and as a result of assault made by the accused persons, the first informant has suffered grievous injury near his eye. Considering the seriousness of allegations custodial interrogation of all accused persons is necessary. They submit that in the event the petitioners are granted anticipatory bail, chances of they committing similar offence cannot be ruled out. Accordingly, they pray to dismiss the petition. 6. In the first information dated 06.01.2025 it is averred that on 06.01.2025 at about 5.00 p.m, at the - 5 - NC: 2025:KHC:10282 CRL.P No. 2743 of 2025 instance of accused No.1, accused No.4 and other ladies assaulted the first informant with chappals all over his body and the other accused persons abused the first informant using filthy language. As a result of the assault made by the accused persons, the first informant suffered grievous injury near his eye. Therefore, he was admitted in a hospital. 7. Perusal of the material on record would go to show that allegation of assaulting the first informant is made as against the ladies, who are accused Nos.4 to 6 in the present case. The other accused persons allegedly had abused the first informant and also instigated accused Nos.4 to 6 to assault the first informant with their chappal in public place. Accused Nos.1 and 4 to 6 were arrested in the present case on 06.01.2025 and subsequently remanded to judicial custody. Thereafter, they have been granted regular bail by the jurisdictional Magistrate and subsequently the Investigation Officer has filed requisition before the learned Magistrate to invoke the offence - 6 - NC: 2025:KHC:10282 CRL.P No. 2743 of 2025 punishable under Section 109 of BNS, 2023 in the present case. It is at this juncture, accused persons apprehending arrest in the case had filed Crl.Misc.No.5039/2025 before the jurisdictional Sessions Court. 8. There are no serious allegation as against accused Nos.2 and 3 in the present case and undisputedly none of the accused persons have any criminal antecedents. Accused Nos.1 and 4 to 6 who were arrested in this case earlier have been granted regular bail and only for the reason that offence punishable under Section 109 of BNS, 2023 is now invoked in the present case, they have sought anticipatory bail. Under these circumstances, I am of the opinion that their prayer for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions, which can taken care of the apprehensions expressed by the learned HCGP and learned counsel appearing for defacto complainant. 9. Accordingly, the following: - 7 - NC: 2025:KHC:10282 CRL.P No. 2743 of 2025 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.3/2025 registered by Pavagada Police Station, Tumakuru District for the offences punishable Sections 117(2), 115(2), 133, 324(4), 351(2), 352, 54 & 190 of BNS, 2023 are before this Court under Section 482 of BNSS, 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 and execute 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. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 8 - NC: 2025:KHC:10282 CRL.P No. 2743 of 2025 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