- 1 - NC: 2025:KHC:12169 CRL.P No. 3136 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. 3136 OF 2025 BETWEEN: K. BHOOTHAPPA @ HANUMANTAHAPPA AGED ABOUT 60 YEARS OCC. AGRICULTURIST R/AT LAKKIHALLI VILLAGE HOSADURGA TALUK, CHITRADURGA DISTRICT CHITRADURGA DISTRICT - 577 501. …PETITIONER (BY SRI MANJUNATH N.D, ADV.) AND: 1. STATE BY CHITRAHALLI GATE POLICE REPRESENTED BY ITS SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. KANTAHARAJA S AGE 30 YEARS POLICE OFFICER PSI CHITRAHALLI GATE P.S HOLALKERE TALUK CHITRADURGA DISTRICT - 577 501. …RESPONDENTS (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PETITIONER TO RELEASE THE PETITIONER ON BAIL IN CRL.MISC.NO.195/2025 OF CHITRAHALLI GATE POLICE, CHITRADURGA, PENDING ON THE FILE OF 1st DISTRICT AND SESSIONS JUDGE, AT CHITRADURGA, FOR THE OFFENCES P/U/S 310(4),310(5) OF THE BNS, 2023. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12169 CRL.P No. 3136 of 2025 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.1 in Crime No.24/2025 registered by Chitrahalli Gate Police Station, Chitradurga District, for the offences punishable under Sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'), is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), seeking regular bail. 2. Heard learned Counsel for the parties. 3. FIR in Crime No.24/2025 was registered by Chitrahalli Gate Police Station, Chitradurga District, 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 District. 4. During the course of investigation of the case, accused no.1 was arrested on 11.02.2025, and subsequently, he was remanded to judicial custody. Bail application filed by the petitioner in Crl. Misc. No.195/2025 before the Jurisdictional - 3 - NC: 2025:KHC:12169 CRL.P No. 3136 of 2025 Sessions Court were rejected on 21.02.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that petitioner was arrested in the present case for extraneous reasons and only after his arrest, they are now being implicated in Crime Nos.150/2024 & 196/2024, allegedly based on their confession statement. Petitioner has no criminal antecedents till they were arrested in the present case. Alleged offences in the present case are neither punishable with death nor with life imprisonment. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. He submits that petitioner is a person with criminal antecedents and investigation of the case is under progress. Accordingly, he prays to dismiss the petition. 7. As per the averments found in the first information, on the 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 - 4 - NC: 2025:KHC:12169 CRL.P No. 3136 of 2025 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 dacoity 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. 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 petitioner, he is now implicated in the aforesaid case based on the confession statement now made by - 5 - NC: 2025:KHC:12169 CRL.P No. 3136 of 2025 the accused persons in the present case. 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 petitioner being arrested in the present case, he did not have any criminal cases registered in his names. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 10. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.24/2025 registered by Chitrahalli Gate Police Station, Chitradurga District, for the offences punishable under Sections 310(4) and 310(5) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 6 - NC: 2025:KHC:12169 CRL.P No. 3136 of 2025 b) The petitioner 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 petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK