- 1 - NC: 2025:KHC:10310 CRL.P No. 2854 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. 2854 OF 2025 BETWEEN: 1. SRI JOHN MATHEW S/O JON BABU AGED ABOUT 21 YEARS R/AT NO.159, NEAR M.M. STORE SONNAPPA LAYOUT HENNUR CROSS KALYANAGARA POST BANGALORE - 560 043. 2. GOKUL SHIANAND S/O BIJU SHIANANDAM AGED ABOUT 23 YEARS R/AT NO. 2, MAPLE GREENS RESIDENCY ASSETS VILLA OPPOSITE CHIKKAGUDBBI, DODAGUBBI POST BANGALORE - 560 043. …PETITIONERS (BY SRI NISHIT KUMAR SHETTY, ADV.) AND: STATE OF KARNATAKA BY SHO HENNUR POLICE STATION REPRSENTED BY STATE PUBLIC PORSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10310 CRL.P No. 2854 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ORDER FOR THE RELEASE OF THE PETITIONER ON REGULAR BAIL IN CR.NO.04/2025 OF HENNUR POLICE STATION FOR THE OFFENCE P/U/S 109, 118(1), 352, 74, 3(5) OF BNS, 2023, PENDING ON THE FILE OF XI ADDL. CJM, BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.4 and 5 in Crime No.4/2025 registered by Hennur Police Station, Bengaluru City, for the offences punishable under Sections 109, 118(1), 352, 74 and 3(5) of BNS, 2023, are before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel 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 others based on the first information dated 05.01.2025 received from Jayalaxmi W/o Eshwarappa. During the course of investigation, petitioners herein were arrested on 13.01.2025 and remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in - 3 - NC: 2025:KHC:10310 CRL.P No. 2854 of 2025 Crl.Misc.No.453/2025 was rejected on 19.02.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that there is a case and counter case in respect of the incident in question. Petitioners' name is not found in the FIR and they do not have any criminal antecedents. Accused No.1 has been granted anticipatory bail in Crl.Misc.No.270/2025 by the jurisdictional Sessions Court on 04.02.2025. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioners. 6. A perusal of the first information would go to show that FIR in the present case was registered against Biju Shivananda and two other named accused. Petitioners' name is not found in the FIR. Undisputedly, petitioners do not have any criminal antecedents. In respect of the alleged incident that had taken place on 04.01.2025, there is a case and counter case registered by the very same Police Station in Crime No.4/2025 and Crime No.5/2025. Accused No.1 Biju Shivananda whose - 4 - NC: 2025:KHC:10310 CRL.P No. 2854 of 2025 name is found in the FIR in the present case has been granted anticipatory bail by the jurisdictional Sessions Court in Crl.Misc.No.270/2025. The allegation as against all the accused persons is similar. Petitioners are in custody from 13.01.2025. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.4/2025 registered by Hennur Police Station, Bengaluru City, for the offences punishable under Sections 109, 118(1), 352, 74 and 3(5) of BNS, 2023, subject to the following conditions: a) Petitioners 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 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; - 5 - NC: 2025:KHC:10310 CRL.P No. 2854 of 2025 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 the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN