- 1 - NC: 2025:KHC:12476 CRL.P No. 3188 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.3188 OF 2025 BETWEEN: 1. MR. KUSHAL RAJ S/O SHRIDHAR, AGED ABOUT 25 YEARS, R/AT NO.4-223, 4TH CROSS, MULLAKADU, KAVUR, MANGALURU, DAKSHINA KANNADA - 575 015. 2. MR. JEEVAN S/O LATE RAMA, AGED ABOUT 40 YEARS, R/AT NO.4-230, 4TH MAIN, MULLAKADU, KAVUR, MANGALURU, DAKSHINA KANNADA - 575 015. …PETITIONERS (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MANGALORE SOUTH P.S., REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12476 CRL.P No. 3188 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 BHARATIYA NAGARIKA SURAKSHA SANHITA - 2023, PRAYING TO ALLOW THIS PETITION AND RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRL.MISC.NO.75/2025 IN CRIME NO.12/2025 REGISTERED BY THE MANGALORE SOUTH POLICE STATION, ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS-118(1), 119(1), 352 R/W SECTIONS 3(5) OF BHARATIYA NYAYA SANHITA, 2023. 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.1 and 2 in Crime No.12/2025 registered by the Mangaluru South Police Station, D.K., District, for the offences punishable under Sections 118(1), 119(1), 352 read with Sectione 3(5) of the Bharatiya Nyaya Sanhita, 2023 are before this Court, seeking anticipatory bail. 2. Heard learned counsel appearing for the parties. - 3 - NC: 2025:KHC:12476 CRL.P No. 3188 of 2025 3. FIR in Crime No.12/2025 was registered by Mangaluru South Police Station for the aforesaid offences against two unknown persons, based on the first information dated 16.01.2025 received from one Jossy Jeevan D Souza, who is the alleged victim in the present case. Apprehending their arrest in the case, petitioners had filed Crl.Misc.75/2025 before the jurisdictional Sessions Court which was rejected on 04.02.2025. Therefore, they are before this Court. 4. Learned counsel appearing for the petitioners having reiterated the grounds urged in the petition, sought to allow the prayer made in the petition. 5. Per contra, opposing the petition, learned High Court Government Pleader sought for dismissal of the petition. 6. Perusal of the contents in the first information would go to show that petitioners are totally strangers to the alleged victim and it appears that the incident in question had taken place as a result of road rage. It appears that the accused persons who followed the victim thereafter in a motorbike allegedly assaulted the victim with helmets stating that the road does not belong to his father. It is further alleged that - 4 - NC: 2025:KHC:12476 CRL.P No. 3188 of 2025 while leaving the place, the accused persons took items worth Rs.30,000/- which was in the delivery bag of the victim. 7. The alleged offences are not punishable with life imprisonment or with death sentence. The accused have undertaken to co-operate with the police for the purpose of investigation. Considering the nature of allegation found in the first information and the background in which the incident in question had taken place, I am of the opinion that the prayer made by the petitioners herein for grant of anticipatory bail needs to be answered affirmatively. 8. Accordingly, 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.12/2025 registered by the Mangaluru South police station for the offences punishable under Sections 118(1), 119(1), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: (i) The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and each of the - 5 - NC: 2025:KHC:12476 CRL.P No. 3188 of 2025 petitioners shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Investigating Officer. (ii) Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (iii) 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. (iv). The petitioners shall not involve in similar offences in future; SD/- (S VISHWAJITH SHETTY) JUDGE sac List No.: 1 Sl No.: 62