- 1 - NC: 2025:KHC:16727 CRL.P No. 3699 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3699 OF 2025 BETWEEN: MADHUCHANDRA R, S/O RAMACHANDRA N, AGED ABOUT 29 YEARS, R/AT NO.165/3, THYAPA GARDEN, NEAR DURGAMMA TEMPLE ROAD, KALASIPALAY BENGALURU - 560 002. …PETITIONER (BY SRI. HARISH PRABHU S.,ADVOCATE) AND: STATE OF KARNATAKA, BY KALASIPALYA POLICE STATION, REP BY S.P.P, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN C.C.NO.26677/2023 (CR.NO.14/2019) REGISTERED BY KALASIPALYA POLICE STATION, BENGALURU FOR THE OFFECNE P/U/S 341, 307 R/W 34 OF IPC, PENDING BEFORE THE HONBEL 8TH ADDL. CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:16727 CRL.P No. 3699 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.4 in Crime No.14/2019 registered by Kalasipalya Police Station, Bengaluru City, for the offences punishable under Sections 341, 307 read with Section 34 of IPC, is before this Court under Section 438 of Cr.PC seeking anticipatory bail. 2. Heard. 3. FIR in Crime No.14/2019 was registered by Kalasipalya Police Station, Bengaluru City, for the aforesaid offences against Bada Panda and others, based on the first information dated 12.01.2019 received from the injured victim Shaheed after some of the accused were arrested in the case and after completing investigation, charge sheet was filed against four persons. Petitioner herein was arraigned as accused No.4 in the charge sheet. Since petitioner was absconding, a split-up case was registered against him and the case as against accused Nos.1 to 3 was committed to the Jurisdictional Session - 3 - NC: 2025:KHC:16727 CRL.P No. 3699 of 2025 Court. Apprehending arrest in the case petitioner had filed Crl.Misc.No.7798/2024 before the Jurisdictional Sessions Court which was dismissed on 10th September, 2024. Therefore, petitioner is before this Court. 4. Perusal of the material on record would go to show that petitioner's name is not found in the FIR. During the course of investigation some of the accused were arrested and after completing investigation, charge sheet was filed against four persons and petitioner herein was arraigned as accused No.4 in the charge sheet. It appears that since he was absconding, a split-up case was registered against him by the committal Court and case as against accused Nos.1 to 3 was committed to the Jurisdictional Sessions Court. 5. Perusal of the material on record would go to show that accused Nos.1 and 2 who were tried in SC.No.888/2022 by the Jurisdictional Sessions Court for the charge sheet offences have been acquitted by judgment and order dated 17.01.2024 and accused No.3 - 4 - NC: 2025:KHC:16727 CRL.P No. 3699 of 2025 who was tried for the charge sheet offences by the trial Court in S.C.No.1814/2023 was acquitted by the judgment and order of acquittal dated 04.04.2024. 6. Perusal of the judgment and order of acquittal would go to show that material charge sheet witnesses have turned hostile to the case of prosecution. Under the circumstances, I am of the opinion that the prayer made by the petitioner 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 petitioner in the event of his arrest registered by Kalasipalya Police Station, Bengaluru City, for the offences punishable under Sections 341, 307 read with Section 34 of IPC, subject to the following conditions: - 5 - NC: 2025:KHC:16727 CRL.P No. 3699 of 2025 1. The Petitioner 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 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner 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. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 31