- 1 - NC: 2025:KHC:12097 CRL.P No. 3440 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.3440 OF 2025 BETWEEN: 1. SRI. AKUL H.M. S/O MAHADEVAPPA H.A. AGED ABOUT 35 YEARS R/AT. HARADURU VILLAGE PERIYAPATNA TALUK MYSURU DIST-571102. 2. SRI. KIRAN .G S/O GANESH H.C. AGED ABOUT 30 YEARS R/AT. HARADURU VILLAGE PERIYAPATNA TALUK MYSURU DIST-571102. …PETITIONERS (BY SRI. ABHINAYA K, ADV.,) AND: STATE OF KARNATAKA BY BETTADAPURA POLICE STATION MYSORE DISTRICT (REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001). …RESPONDENT (BY SRI. K. NAGESHWARAPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) PRAYING TO ENLARGE THEM ON BAIL IN CRIME NO.18/2025, REGISTERED WITH THE BETTADAPURA POLICE STATION, MYSURU, FOR THE O/P/U/S 115(2), 118(1), 109, 126(2), 324(2), 351(2), 352 R/W 3(5) BNS, WHICH IS NOW PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC COURT, PERIYAPATNA, MYSORE. Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:12097 CRL.P No. 3440 of 2025 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 & 2 in Crime No.18/2025 registered by Bettadapura Police Station, Mysuru, for the offences punishable under Sections 115(2), 118(1), 109, 126(2), 324(2), 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, are before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.18/2025 registered by Bettadapura Police Station, Mysuru, for the aforesaid offences against the petitioners herein and two others based on the first information dated 31.01.2025 received from Sachin H.R., who is one of the injured victims in the present case. During the course of investigation, the petitioners, who are arrayed as accused Nos.1 & 2 were - 3 - NC: 2025:KHC:12097 CRL.P No. 3440 of 2025 arrested on 01.02.2025 and subsequently remanded to judicial custody. Their bail application filed before the Court of VIII Additional District & Sessions Judge, Mysuru, sitting at Hunsur, in Crl.Misc.No.5033/2025 was rejected on 13.02.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the petition. 6. Perusal of the material on record would go to show that the first informant is the owner of the Dhaba and on 12.01.2025, accused Nos.1 to 4, who came to the Dhaba of the first informant, had quarreled with the staff working in the Dhaba on the ground that the mutton served to them was not properly cooked. Subsequently, on 31.01.2025, accused Nos.1 to 4 once again came to the Dhaba of the first informant and after abusing the first - 4 - NC: 2025:KHC:12097 CRL.P No. 3440 of 2025 informant, assaulted him and his staff with deadly weapons and caused injuries. It is also alleged that accused persons damaged the properties of the first informant in the Dhaba. It is in this background, the first informant had approached the police and based on this first information, FIR in Crime No.18/2025 was registered. The injury certificate of the victims in the present case would go to show that all the victims have suffered simple injuries in the incident in question. Accused No.5, who was arrested in the case, has been granted regular bail by this Court in Crl.P.2313/2025 disposed of on 06.03.2025. The petitioners are in custody in the present case from 01.02.2025, major portion of the investigation is completed. Under the circumstances, I am of the opinion that the prayer of the petitioners for grant of regular bail is required to be answered in the affirmative. Accordingly, the following: ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.18/2025 registered by - 5 - NC: 2025:KHC:12097 CRL.P No. 3440 of 2025 Bettadapura Police Station, Mysuru, for the offences punishable under Sections 115(2), 118(1), 109, 126(2), 324(2), 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions: a) Petitioners shall execute 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 his 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 the - 6 - NC: 2025:KHC:12097 CRL.P No. 3440 of 2025 permission of the said court until the case registered against them is disposed off. Sd/- (S. VISHWAJITH SHETTY) JUDGE BSR/List No.: 1 Sl No.: 43