- 1 - NC: 2025:KHC:12543 CRL.P No. 3771 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3771 OF 2025 BETWEEN: 1. GOVINDAPPA @ ANAGADI GOVINDAPPA S/O GOVINDAPPA AGED ABOUT 60 YEARS. 2. HANUME GOWDA S/O GOVINDAPPA AGED ABOUT 65 YEARS. 3. SHIVAPPA S/O THIMMARAYAPPA AGED ABOUT 50 YEARS. PETITIONERS ALL R/AT DODDAGHATTA VILLAGE KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 101. …PETITIONERS (BY SRI GIRISH B BALADARE, ADV.) AND: 1. 2. THE STATE OF KARNATAKA BY BIRUR POLICE STATION CHIKKAMAGALUR DISTRICT - 577 101 REP. STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. MYLARAPPA S/O SANNAMALLAPPA AGED ABOUT 60 YEARS R/AT DODDAGHATTA VILLAGE Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12543 CRL.P No. 3771 of 2025 KADUR TALUK, CHIKKAMANGALURU DISTRICT - 577 101. …RESPONDENTS (BY SMT. PUSHPALATHA B, ADDL. SPP FOR SRI G. GANGARAJU, ADV., FOR DEFACTO COMPLAINANT) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.17/2025 THE CASE IS REGISTERED BY BIRUR POLICE, CHIKKAMAGALURU DISTRICT, FOR THE OFFENCE P/U/S 326(f),326(g),351(2),54 OF BNS, 2023, PENDING ON THE FILE OF 3rd ADDL. CIVIL JUDGE AND JMFC COURT, AT KADUR, CHIKKAMAGALURU. 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.4, 5 & 7 in Crime No.17/2025 registered by Birur Police Station, Chikkamagaluru District for the offences punishable Sections 326(f), 326(g), 351(2), & 54 of BNS, 2023 are before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the petitioners, learned HCGP for respondent No.1 and learned counsel for defacto complainant. 3. FIR in Crime No.17/2025 was registered by Birur Police Station, Chikkamagaluru Police Station for the - 3 - NC: 2025:KHC:12543 CRL.P No. 3771 of 2025 aforesaid offences on the basis of first information dated 11.02.2025 received from Sri Mylarappa S/o Sannamallappa. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.83/2025 before the jurisdictional Sessions Court, which was rejected on 03.03.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that the only allegation against the petitioners is that they had instigated accused Nos.1 to 3 to commit crime. Accused Nos.6, 8 and 9 as against whom similar allegations are found have been granted bail by this Court. The petitioners do not have criminal antecedents. Accused Nos.1 and 2 are already in custody. Accordingly, he prays to allow the petition. 5. Per contra, the learned HCGP for respondent No.1 and learned counsel for defacto complainant have opposed the bail application. They submit that investigation of the case is under progress and the act of accused persons has caused serious financial loss to the - 4 - NC: 2025:KHC:12543 CRL.P No. 3771 of 2025 first informant. Accordingly, they pray to dismiss the petition. 6. Perusal of the material on record would go to show that, allegation of litting fire to the property of the first informant and his family members is found in the first information against accused Nos.1 to 3 and other accused persons allegedly instigated accused Nos.1 to 3 to commit the alleged crime. 7. Considering the aforesaid aspects of the matter, this Court has granted anticipatory bail to accused No.6 in Crime No.3452/2025 and granted regular bail to accused Nos.8 and 9 in Crl.P.No.3308/2025. Undisputedly, the petitioners have no criminal antecedents. The allegation against the petitioners is similar to accused No.6, who has been granted anticipatory bail by this Court in Crl.P.No.3452/2025, Under these circumstances, I am of the opinion that on the ground of parity the petitioners prayer for grant of anticipatory is required to be answered affirmatively. Accordingly, the following: - 5 - NC: 2025:KHC:12543 CRL.P No. 3771 of 2025 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 in Crime No.17/2025 registered by Birur Police Station, Chikkamagaluru District for the offences punishable Sections 326(f), 326(g), 351(2), & 54 of BNS, 2023 subject to the following conditions: 1. Petitioners/accused Nos.4, 5 & 7 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/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners/accused Nos.4, 5 & 7 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners/accused Nos.4, 5 & 7 shall not tamper with the prosecution witness and they - 6 - NC: 2025:KHC:12543 CRL.P No. 3771 of 2025 shall co-operate with the police for investigation and appear before them whenever called upon. 4. Petitioners/accused Nos.4, 5 & 7 shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS