- 1 - NC: 2025:KHC:15780 CRL.P No. 4688 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4688 OF 2025 BETWEEN: ALAGU P S/O SRI PERRUMAL AGED ABOUT 34 YEARS R/AT NO.128, 5TH CROSS NEAR DOGALAMMA TEMPLE RAJAGOPALANAGAR PEENYA 2ND STAGE BENGALURU - 560 086. …PETITIONER (BY SRI GIREESHA R.J, ADV.) AND: STATE BY RAJAGOPAL NAGAR POLCIE STATION BENGALURU - 560 086 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL IN HIS EVENT OF ARREST IN C.C.NO.9194/2025 (CRIME NO.305/2017) FOR THE ALLEGED OFFENCE P/US/ 399,402 OF IPC REGISTERED BY THE RAJAGOPALA NAGARA POLICE STATION, NOW THE CASE IS PENDING ON THE FILE OF THE HONBLE XXXI ACJM BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15780 CRL.P No. 4688 of 2025 ORAL ORDER 1. Accused No.7 in Crime No.305/2017 registered by Rajagopal Nagar Police Station, Benglauru City, for the offences punishable under Sections 399 and 402 of IPC, is before this Court under Section 438 of Cr.P.C. seeking anticipatory bail. 2. Learned counsel for the petitioner submits that accused No.8, who was arraigned as a accused No.2 in the FIR had approached this Court under similar circumstances in Crl.P.No.14129/2024 and the Co-ordinate Bench of this Court had disposed of the anticipatory bail petition of accused No.8 with liberty to file necessary application before the jurisdictional Court of Magistrate for recalling the Non-bailable Warrant and also to file necessary application seeking bail. He submits that even this petition may be disposed of in terms of the order passed by the Co-ordinate Bench of this Court in Crl.P.No.14129/2024. 3. Learned HCGP does not seriously oppose the prayer made by learned counsel for the petitioner. 4. Petitioner, who is arraigned as accused No.1 in the FIR has been arraigned as accused No.7 in the charge sheet. - 3 - NC: 2025:KHC:15780 CRL.P No. 4688 of 2025 Undisputedly, he was not apprehended at the spot. Accused No.1, 9 and 10, who were tried for the charge sheeted offences in SC No.398/2018 C/w SC No.2064/2018 and SC No.1150/2019 have been acquitted vide judgment and order dated 10.06.2022. Accused No.8 in the charge sheet under similar circumstances had approached this Court in Crl.P.No.14129/2024 and the Co-ordinate Bench of this Court by order dated 04.02.2025 has disposed of Crl.P.No.14129/2024 reserving liberty to the petitioner therein to file necessary application for recalling the Non-bailable Warrant and to file necessary application seeking bail and if such an application is filed within a period of 15 days from the date of the order, the learned Magistrate is directed to considered the same and enlarge the petitioner on bail imposing such conditions and terms, which he deems fit in the facts and circumstances of the case. 5. Under the circumstances, even this petition is disposed of with liberty to the petitioner to file necessary application before the jurisdictional Court of Magistrate to recall the Non-bailable Warrant and also to file necessary application seeking bail. In the event, petitioner herein files such an application seeking - 4 - NC: 2025:KHC:15780 CRL.P No. 4688 of 2025 bail, within a period of 15 days from the date of receipt of copy of this order, the learned Magistrate shall consider the same and enlarge the petitioner on bail imposing such terms and conditions as he deems fit in the facts and circumstances of the case. Sd/- (S VISHWAJITH SHETTY) JUDGE DN