- 1 - NC: 2025:KHC:12096 CRL.P No. 3308 of 2025 C/W CRL.P No. 3452 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.3308 OF 2025 C/W CRIMINAL PETITION NO.3452 OF 2025 IN CRL.P No.3308/2025: BETWEEN: 1. DEVENDRA D.P. ALIAS DEYA S/O PUTTAPPA AGED ABOUT 32 YEARS. 2. DURGAPPA D.T. ALIAS DUGGI S/O THIMMAPPA AGED ABOUT 27 YEARS. BOTH ARE R/AT DODDAGHATTA VILLAGE, KADUR TALUK CHIKKAMAGALURU DISTRICT-577101. …PETITIONERS (BY SRI. GIRISH B. BALADARE, ADV.,) AND: THE STATE OF KARNATAKA BY BIRUR POLICE STATION CHIKKAMAGALURU DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE -560001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONERS ON Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12096 CRL.P No. 3308 of 2025 C/W CRL.P No. 3452 of 2025 REGULAR BAIL IN CRIME NO.17/2025, THE CASE IS REGISTERED BY BIRUR POLICE, CHIKKAMGALUR DISTRICT FOR THE OFFENCE P/U/S 326(f), 326(g), 351(2) AND 54 OF BNS 2023, FILE OF THE III ADDL. CJ AND JMFC COURT AT CHIKKAMAGALURU, ON SUCH TERMS AND CONDITIONS DEEMS FIT. IN CRL.P NO.3452/2025; BETWEEN: 1. MALAJI MANJAPPA ALIAS MANJAPPA S/O THIMMAPPA AGED ABOUT 41 YEARS. 2. PUTTAPPA S/O SANNEGOWDA AGED ABOUT 67 YEARS. BOTH ARE R/AT DODDAGHATTA VILLAGE, KADUR TALUK CHIKKAMAGALUR DISTRICT 577101. ...PETITIONERS (BY SRI. GIRISH B. BALADARE, ADV.,) AND: THE STATE OF KARNATAKA BY BIRUR POLICE STATION CHIKKAMAGALUR DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE 560001. ...RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.P.C. (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON - 3 - NC: 2025:KHC:12096 CRL.P No. 3308 of 2025 C/W CRL.P No. 3452 of 2025 ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST CRIME NO.17/2025, THE CASE IS REGISTERED BY BIRUR POLICE, CHIKKAMAGALURU DISTRICT FOR THE O/P/U/S 326(F), 326(G), 351(2) AND 54 OF BNS 2023. PENDING ON THE FILE OF 3RD ADDITIONAL CJ AND JMFC COURT AT CHIKKAMAGALURU. THESE PETITIONS, 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.3, 6, 8 & 9 in Crime No.17/2025 registered by Birur Police Station, Chikkamagaluru, for the offences punishable under Sections 326(f), 326(g), 351(2) and 54 of the Bharatiya Nyaya Sanhita (BNS), 2023, are before this Court in these two petitions. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.17/2025 was registered by Birur Police Station, Chikkamagaluru, against Pani Thimmarayappa and others for the aforesaid offences based on the first information dated 11.02.2025 received - 4 - NC: 2025:KHC:12096 CRL.P No. 3308 of 2025 C/W CRL.P No. 3452 of 2025 from one Sri.Mylarappa S/o.Sannamallappa. During the course of investigation, accused Nos.8 & 9 were arrested on 15.02.2025 and their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.82/2025 was rejected on 01.03.2025. Therefore, accused Nos.8 & 9 are before this Court in Crl.P.No.3308/2025 seeking regular bail. 4. Apprehending their arrest, accused Nos.3 & 6 had filed Crl.Misc.No.85/2025 before the jurisdictional Sessions Court, which was rejected on 03.03.2025. Therefore, accused Nos.3 & 6 are before this Court in Crl.P.No.3452/2025 seeking grant of anticipatory bail. 5. Learned counsel for the petitioners submits that perusal of first information would go to show that the allegation of liting fire to the property of the first informant is against accused Nos.1 to 3; the other accused persons allegedly had instigated accused Nos.1 to 3 to commit the crime. The name of accused Nos.8 & 9 is not found in the FIR. He submits that considering the allegations found in - 5 - NC: 2025:KHC:12096 CRL.P No. 3308 of 2025 C/W CRL.P No. 3452 of 2025 the FIR, petition filed by accused No.3 seeking anticipatory bail may be dismissed as not pressed and prays to allow the petitions insofar as other petitioners are concerned. 6. Per contra, learned High Court Government Pleader has opposed the petitions. He submits that perusal of the material on record would go to show that there is a strong motive for the accused persons to commit the crime. Therefore, they are not entitled for the prayer made in the petitions. 7. Submissions made by both sides is placed on record. 8. Petition as against accused No.3 is dismissed as withdrawn. 9. A reading of the first information would go to show that there is a civil dispute between the two parties and the parties had fought against each other earlier on 04.02.2025 and in respect of the same, case and counter case has been registered in Crime No.14/2025 and Crime - 6 - NC: 2025:KHC:12096 CRL.P No. 3308 of 2025 C/W CRL.P No. 3452 of 2025 No.16/2025 by Birur Police Station, Chikkamagaluru. Thereafter, the incident in question had taken place in which accused Nos.1 to 3 allegedly had lit fire to the properties belonging to the first informant and his family members and had caused loss to the tune of more than Rs.14,00,000/-. Accused Nos.4 to 7 allegedly had instigated accused Nos.1 to 3 to commit the crime. The name of accused Nos.8 & 9 is not found in the FIR. Considering the background in which the incident in question had taken place and the nature of allegations found in the first information, I am of the opinion that the prayer made by accused Nos.6, 8 & 9 in these petitions needs to be granted for the reason that the only allegation as against them is about instigating accused Nos.1 to 3 to commit the crime. Accordingly, the following: ORDER Crl.P.No.3452/2025 is allowed-in-part, the petition is dismissed as withdrawn as against accused No.3 and the petition insofar it relates to accused No.6 is allowed and the respondent - Police or any other police in the State of - 7 - NC: 2025:KHC:12096 CRL.P No. 3308 of 2025 C/W CRL.P No. 3452 of 2025 Karnataka are directed to release the petitioner/accused No.6 in the event of his arrest in Crime No.17/2025 registered by Birur Police Station, Chikkamagaluru, subject to the following conditions: 1. Petitioner/accused No.6 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/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner/accused No.6 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner/accused No.6 shall not tamper with the prosecution witness and he shall co- operate with the police for investigation and appear before them whenever called upon. 4. Petitioner/accused No.6 shall not involve in similar offences in future. Crl.P.No.3308/2025 is allowed. The petitioners/accused Nos.8 & 9 are directed to be enlarged - 8 - NC: 2025:KHC:12096 CRL.P No. 3308 of 2025 C/W CRL.P No. 3452 of 2025 on bail in Crime No.17/2025 registered by Birur Police Station, Chikkamagaluru, for the offences punishable under Sections 326(f), 326(g), 351(2), 54 of the Bharatiya Nyaya Sanhita (BNS), 2023, are before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to the following conditions: a) Petitioners/accused Nos.8 & 9 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/accused Nos.8 & 9 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners/accused Nos.8 & 9 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners/accused Nos.8 & 9 shall not involve in similar offences in future. - 9 - NC: 2025:KHC:12096 CRL.P No. 3308 of 2025 C/W CRL.P No. 3452 of 2025 e) The petitioners/accused Nos.8 & 9 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 BSR/List No.: 1 Sl No.: 0