- 1 - NC: 2025:KHC:13373 CRL.P No. 3614 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3614 OF 2025 BETWEEN: 1. MR. PRADEEP MESTHA, S/O. SRI. SRIDHAR MESTHA, AGED ABOUT 36 YEARS, R/AT NO.9-70, HADAVINA KONE, SHIRURU, KUNDAPURA TALUK, UDUPI - 576 228. MENTIONED AS PRADEEP MESTHA THUDALLI, IN F.I.R. 2. MR. SUHAS C. SHIRURKAR, S/O. SRI. CHANDRAHAS B SHIRURKAR, AGED ABOUT 27 YEARS, R/AT 'INDRAPRASTHA NILAYA', KATHLEGUNDI, SHIRURU, BYNDOOR TALUK, UDUPI - 576 228. 3. MR. KASHINATHA MESTHA, S/O. SRI. RAMACHANDRA MESTHA, AGED ABOUT 30 YEARS, R/AT NO.9-89, HADIVANA KONE, SHIRURU, BYNDOOR TALUK, UDUPI - 576 214. …PETITIONERS (BY SRI. KIRAN N, ADVOCATE) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:13373 CRL.P No. 3614 of 2025 AND: STATE OF KARNATAKA BY BYNDOOR POLICE STATION, UDUPI - 576 214. REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 438 OF CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT IN CONNECTION WITH CR.NO.12/2025 REGISTERED BY THE BYNDOOR P.S., PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT, BYNDOOR, UDUPI DISTRICT, FOR THE OFFENCES P/U/S 189(2), 191(2), 118(1), 191(3), 115(2), 109, 119(1), 352, 351(2) R/W 190 OF THE BNS, 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 Accused Nos.1, 2 and 7 in Crime No.12/2025 registered by Byndoor Police Station, Udupi, for offences punishable under Sections 189(2), 191(2), 118(1), 191(3), 115(2), 109, 119(1), 352, 351(2) read with Section 190 of BNS, 2023 are before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. - 3 - NC: 2025:KHC:13373 CRL.P No. 3614 of 2025 2. Heard the learned counsel for the parties. 3. FIR in Crime No.12/2025 was registered by Byndoor Police Station, Udupi against the petitioner and others for the aforesaid offences, based on the first information dated 14.01.2025 received from Mamatha W/o Nagaraj. Apprehending arrest in the said case petitioners had filed Crl.Misc.No.517/2025 before the Jurisdictional Sessions Court which was rejected on 28th January, 2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that there is a case and counter case in respect of the alleged incident that had taken place on 12.01.2025. FIR in Crime No.11/2025 was registered by Byndoor Police Station, Udupi against Prabhakara Mestha and others based on the first information submitted by Ramanatha Mestha who is arraigned as accused No.8 in Crime No.12/2025. - 4 - NC: 2025:KHC:13373 CRL.P No. 3614 of 2025 5. Perusal of the first information in both the cases would reveal that there is a dispute between two parties with regard to the management of the temple in their village. The co-accused has been granted anticipatory bail by this Court in Crl.P.No.1848/2025. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal 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 registered by Byndoor Police Station, Udupi, for offences punishable under Sections 189(2), 191(2), 118(1), 191(3), 115(2), 109, 119(1), 352, 351(2) read with Section 190 of BNS, 2023, subject to the following conditions: - 5 - NC: 2025:KHC:13373 CRL.P No. 3614 of 2025 1. Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. 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. 4. Petitioners shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 58 CT: BHK