- 1 - NC: 2025:KHC:14780 CRL.P No. 4004 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4004 OF 2025 BETWEEN: 1. KUPENDRA @ KUPPY S/O REDDAPPA AGED ABOUT 23 YEARS R/AT, RAJENDRA HALLI VILLAGE, BYRAKUR HOBLI MULABAGILU TALUK, KOLARA DISTRICT - 563 132. 2. JASWATH KUMAR @ JASHU S/O NAGARAJA M AGED ABOUT 23 YEARS R/AT, VEERENA HALLI VILLAGE BIDARRI HALLI, BENGALURU EAST TALUK, NOW R/AT, KADENA HALLI VILLAGE, BYRAKUR HOBLI MULABAGILU TALUK KOLAR DISTRICT - 563 132. 3. MAHENDRA H @ GOST S/O, HANUMANTHAPPA AGED ABOUT 28 YEARS R/AT, 3RRD CROSS, CHAITHANYA NAGARA, DODDABALLAPURA TOWN BENGALURU RURAL - 561 205. 4. DIWAKAR S/O RATHNAPPA AGED ABOUT 23 YEARS R/AT DOOM LIGHT CIRCLE P.C. EXTENSION, KOLAR - 563 101. …PETITIONERS (BY SRI HONNUR ALI, ADV.) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14780 CRL.P No. 4004 of 2025 AND: STATE OF KARNATAKA REP. BY LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 009. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL AND DIRECTING THE RESPONDENT POLICE TO ENLARGE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.3/2025 REGISTERED BY NANGILI POLICE FOR ALLEGED OFFENCE P/U/S 311 OF BNS,PENDING ON THE FILE OF LEARNED ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C MULABAGILU, KOLAR DISTRICT. 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 to 4 in Crime No.3/2025 registered by Nangli Police Station, Kolar District for the offence punishable Section 311 of BNS, 2023 are before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.3/2025 was registered by Nangil Police Station, Kolar District against 6 to 8 unknown persons on the basis of first information dated 11.01.2025 received from Sri Harish S/o Venkataramappa. Apprehending arrest in the said case, the petitioners have filed Crl.Misc.No.140/2025 - 3 - NC: 2025:KHC:14780 CRL.P No. 4004 of 2025 before the jurisdictional Sessions Court, which was rejected on 24.02.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition has prayed to allow the petition. 5. Per contra, the learned HCGP has opposed the bail application and submits that during the course of investigation, the police have recovered two long, one knife and another iron rod from the petitioners. The petitioners are the persons with criminal antecedents. Accordingly, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that, FIR in Crime No.3/2025 was registered by Nangil Police Station, Kolar District against four unknown persons. As per averments found in the first information, on 10.01.2025 at about 11 p.m, four persons wearing monkey cap had entered the house of the first informant and after threatening the inmates of the house with deadly weapons they had taken away cash of Rs.4,70,000/- and gold ornaments totally weighing 207 grams worth about Rs.10,35,000/- and thereafter had left the house. - 4 - NC: 2025:KHC:14780 CRL.P No. 4004 of 2025 7. It appears that the petitioners herein were arrested in Crime No.12/2025 registered by Hosakote Police Station, Bengaluru for the offences punishable under Sections 310(4) & 310(5) of BNS, 2023 on 24.01.2025 and subsequently they were produced in the present case under body warrant before the learned Magistrate on 07.02.2025. At the request of Investigation Officer, in the present case learned Magistrate had remanded the petitioners to police custody from 07.02.2025 to 11.02.2025 and again from 11.02.2025 to 13.02.2025. However, during the course of interrogation of the accused persons, the police have failed to recover any stolen articles from possession of the petitioners or at their instance. 8. Though on 13.02.2025, the petitioners were produced before the learned Magistrate with a request to remand them to judicial custody, learned Magistrate has not remanded the accused persons to judicial custody and on the other hand, accused persons were remanded to judicial custody in the original case in Crime No.12/2025. In Crime No.12/2025 the petitioners have been already granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.181/2025 disposed - 5 - NC: 2025:KHC:14780 CRL.P No. 4004 of 2025 of on 07.02.2025. Except the above referred two cases, the petitioners do not have any other criminal antecedents. 9. Considering the aforesaid aspects of the matter, I am of the opinion that the petitioners have made out a case for grant of anticipatory bail. 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 in Crime No.3/2025 registered by Nangli Police Station, Kolar District for the offence punishable Section 311 of BNS, 2023 subject to the following conditions: 1. The petitioners shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioners shall not tamper with the prosecution witness and they shall co-operate - 6 - NC: 2025:KHC:14780 CRL.P No. 4004 of 2025 with the Police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS