- 1 - NC: 2025:KHC:12099 CRL.P No. 3609 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.3609 OF 2025 BETWEEN: 1. SRI. VIKRAM .K S/O T. KUMAR AGED ABOUT 27 YEARS R/AT NO.14, 2ND CROSS MUNIRAMAPPA GARDEN RAMAKRISHNA LAYOUT GEDDALAHALLI, BENGALURU 560094. 2. SRI. SANTOSH @ MUNNA S/O DESSHIKA MANI AGED ABOUT 32 YEARS R/AT NO.5, OM SHAKTI NILAYA D.C. LAYOUT, NEAR AMBEDKAR STATUE RAMACHANDRAPURA, BENGALURU- 560021. …PETITIONERS (BY SRI. MANOJ S.N. ADV.,) AND: STATE OF KARNATAKA BY KODIGEHALLI POLICE STATION REPRESENTED BY THE S.P.P. OFFICE OF THE ADVOCATE GENERAL HIGH COURT BUILDING BENGALURU-560001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:12099 CRL.P No. 3609 of 2025 THIS CRL.P IS FILED U/S 438 OF CR.P.C. (U/S 482 BNSS) PRAYING TO PASS AN ORDER GRANTING ANTICIPATORY BAIL THEREBY DIRECTING THE RESPONDENT KODIGEHALLI POLICE TO RELEASE THE PETITIONERS/ACCUSED NO.2 AND 5 IN CR.NO.56/2025 REGISTERED BY THE KODIGEHALLI AGRAHARA POLICE, FOR THE OFFENCES P/U/S 329(4), 115(2), 109, 74, 352, 351(3), 3(5) OF BNS, 2023, PENDING BEFORE THE COURT OF 7th ACJM, BENGALURU, IN THE EVENT OF PETITIONER BEING ARRESTED. 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.2 & 5 in Crime No.56/2025 registered by Kodigehalli Police Station, Bengaluru City, for the offences punishable under Sections 329(4), 115(2), 109, 74, 352, 351(3), 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, are before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.56/2025 was registered by Kodigehalli Police Station, Bengaluru City, for the aforesaid offences against the petitioners herein and others based - 3 - NC: 2025:KHC:12099 CRL.P No. 3609 of 2025 on the first information dated 15.02.2025 received from Bharath K., who is one of the injured victim in the present case. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.1599/2025 before the jurisdictional Sessions Court, which was rejected on 07.03.2025. Therefore, the petitioners are before this Court. 4. Learned counsel for the petitioners submits that the petitioners have no criminal antecedents and the victim has suffered only simple injuries in the incident in question. There is no serious allegations as against the petitioners herein. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader, who has opposed the petition, does not dispute the submissions made by the learned counsel for the petitioners. 6. Perusal of the first information would go to show that on 14.02.2025 at about 10:45p.m. when the - 4 - NC: 2025:KHC:12099 CRL.P No. 3609 of 2025 first informant was talking to his friends on the road side, the accused persons named in the FIR came there and after abusing the first informant, they allegedly started assaulting him and when the first informant tried to escape, the accused persons chased him. Perusal of the wound certificate of the injured first informant would go to show that he has suffered two simple injuries in the alleged incident in question. Though the incident in question had taken place at about 10:45 p.m. on 14.02.2025, the first information is belatedly submitted on 15.02.2025 at about 18:30 hours. Undisputedly, the petitioners do not have any other criminal antecedents. There is no allegation against the petitioners that they had assaulted the first informant with deadly weapons. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail requires to be answered in the affirmative. Accordingly, the following: - 5 - NC: 2025:KHC:12099 CRL.P No. 3609 of 2025 ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners on bail in the event of their arrest in Crime No.56/2025 registered by Kodigehalli Police Station, Bengaluru City, for the offences punishable under Sections 329(4), 115(2), 109, 74, 352, 351(3), 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions: i. The 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/- each with two sureties for the likesum to the satisfaction of the investigating officer. ii. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 6 - NC: 2025:KHC:12099 CRL.P No. 3609 of 2025 iii. Petitioners shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. iv. The petitioners shall not involve in similar offences in future. v. The petitioners shall not leave the jurisdiction of the Trial Court without the 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.: 46