- 1 - NC: 2025:KHC:11902 CRL.P No. 2896 of 2025 C/W CRL.P No. 3103 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2896 OF 2025 (439(Cr.PC) / 483(BNSS)) C/W CRIMINAL PETITION NO. 3103 OF 2025 (439(Cr.PC) / 483(BNSS)) IN CRL.P No. 2896/2025 BETWEEN: 1. RAVINDRA S/O. SHANKARA, AGED ABOUT 35 YEARS, OCC: AGRICULTURIST, R/AT IUDP LAYOUT, KANDAYAGIRI NAGARA, CHITRADURGA TOWN.577501. 2. RAJENDRA S/O SHANKAR BHOVI, AGED ABOUT 37 YEARS, OCC: AGRICULTURIST, R/AT #2-150, KUNDALA BAILU, HALLIHOLE, BYNDOORU, HALLIHOLE, UDUPI DISTRICT.574118. 3. MANJUNATHA S/O OBANNA, AGED ABOUT 41 YEARS, OCC: AGRICULTURIST, R/AT IUDP LAYOUT, 11TH CROSS, BEHIND PRASHANTHI SCHOOL, BABUJIRAMNAGARA, CHITRADURGA TOWN.577501. …PETITIONERS (BY SRI. KANTHARAJAPPA M. G., ADVOCATE) Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:11902 CRL.P No. 2896 of 2025 C/W CRL.P No. 3103 of 2025 AND: STATE BY POLICE SUB-INSPECTOR, CHITRAHALLI GATE POLICE, CHITRAHALLI.577557. REP. BY-HIGH COURT SPP, HIGH COURT BUILDING, BENGALURU-560001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP.) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THE PETITIONERS NO.1 TO 3 IN RESPECT OF IN CRIME. NO.24/2025 AND WHICH IS PENDING BEFORE THE HON'BLE COURT TO THE ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC COURT AT HOLALKERE, FOR THE ALLEGED OFFENCES PUNISHABLE 310(4) AND 310(5) OF BNS, 2023. IS REGISTERED BY THE CHITRAHALLI GATE POLICE STATION CHITRAHALLI, BY ALLOWING THIS PETITION. IN CRL.P NO. 3103/2025 BETWEEN: CHAMANSAB S/O LATE BABU SAB, AGED ABOUT 57 YEARS, OCC: WOOD MERCHANT, R/O NEHRUNAGAR, 3RD CROSS, HOLALKERE ROAD, CHITRADURGA TOWN - 577 501. ...PETITIONER (BY SRI. S G RAJENDRA REDDY., ADVOCATE) - 3 - NC: 2025:KHC:11902 CRL.P No. 2896 of 2025 C/W CRL.P No. 3103 of 2025 AND: THE STATE BY CHITRAHALLI GATE POLICE, CHITRADURGA, RPTD., BY SPP, HIGH COURT, BENGALURU - 560001. ...RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP.) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.24/2025 OF CHITRAHALLI GATE POLICE STATION, CHITRADURGA REGISTERED FOR THE OFFENCES P/U/S 310(4),310(5) OF BNS 2023, PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (Jr.Dn.) AND JMFC COURT HOLALKERE. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY COMMON ORAL ORDER Accused Nos.2 to 5 in Crime No.24/2025 registered by Chitrahalli Gate Police Station, Chitradurga, for offences punishable under Sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') are before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard learned counsels for the parties. - 4 - NC: 2025:KHC:11902 CRL.P No. 2896 of 2025 C/W CRL.P No. 3103 of 2025 3. FIR in Crime No.24/2025 was registered by Chitrahalli Gate Police Station, Chitradurga, for the aforesaid offences against Hanumanthappa and four others on the basis of the first information dated 11.02.2025 received from Kantharaj S - Police Officer attached to Chitrahalli Gate Police Station, Chitradurga. 4. During the course of investigation of the case, accused Nos. 2 to 4 were arrested on 11.02.2025 and accused No.5 was arrested on 13.02.2025 and subsequently, they were remanded to judicial custody. Bail application filed by the petitioners in Crl.Mis.Nos.195/2025 c/w 191/2025 and 199/2025 before the Jurisdictional Sessions Court were rejected on 21.02.2025. Therefore, the petitioners are before this Court. 5. Learned counsel for the petitioners submits that petitioners were arrested in the present case for extraneous reasons and only after their arrest, they are now being implicated in Crime Nos.150/2024 & 196/2024, allegedly based on their confession statement. Petitioners had no criminal antecedents till they were arrested in the present case. Alleged offences in the present case are neither punishable with death - 5 - NC: 2025:KHC:11902 CRL.P No. 2896 of 2025 C/W CRL.P No. 3103 of 2025 nor with life imprisonment. Accordingly, they pray to allow the petitions. 6. Per contra, learned High Court Government Pleader has opposed the petitions. She submits that petitioners are persons with criminal antecedents and investigation of the case is under progress. Accordingly, she prays to dismiss the petitions. 7. As per the averments found in the first information, on intervening night of 10.02.2025 and 11.02.2025 when the first informant and his staff were on patrolling duty, they found five persons who had parked their motor bike standing on the road side and after seeing the police jeep, they tried to run away. The Police apprehended four persons and one of them managed to escape. The apprehended accused are arrayed as accused Nos. 1 to 4 in the FIR and the person who managed to escape is arrayed as accused No.5 in the FIR. Allegation in the first information is that, the accused persons had prepared themselves to commit dacoit and they were armed with deadly weapons. It is in this background, FIR in Crime No.24/2025 was registered against accused Nos. 1 to 5. - 6 - NC: 2025:KHC:11902 CRL.P No. 2896 of 2025 C/W CRL.P No. 3103 of 2025 8. Learned High Court Government Pleader has submitted that petitioners are persons with criminal antecedents and they are involved in Crime Nos.150/2024 and 196/2024 registered by Chitrahalli Gate Police Station. 9. Perusal of the first information in Crime No.150/2024 would go to show that, FIR in the said case has been registered for offences punishable under Sections 303(2) of BNS and Section 86 of Karnataka Forest Act, 1963 against unknown persons. FIR in Crime No.196/2024 was registered by Chitrahalli Gate Police Station for the offence punishable under Section 303(2) of BNS also against unknown thieves. According to the petitioners, they are now implicated in the aforesaid cases based on the confession statement now made by them. Be that as it may, so far as the present case is concerned, all the accused persons have been arrested and the weapons allegedly which were in their possession are also seized. The alleged offences in the present case are neither punishable with death nor with life imprisonment. Undisputedly, prior to the petitioners being arrested in the present case, they did not have any criminal cases registered in their names. Under such circumstances, I am of the opinion that the prayer - 7 - NC: 2025:KHC:11902 CRL.P No. 2896 of 2025 C/W CRL.P No. 3103 of 2025 made by the petitioners for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.24/2025 registered by Chitrahalli Gate Police Station, Chitradurga, for offences punishable under Sections 310(4) and 310(5) of BNS, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties each for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of - 8 - NC: 2025:KHC:11902 CRL.P No. 2896 of 2025 C/W CRL.P No. 3103 of 2025 the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 60