- 1 - NC: 2025:KHC:17086 CRL.P No. 4884 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4884 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: NAGARAJ S. @ MANOJ, S/O. SELVARAJ, AGED ABOUT 25 YEARS, RESIDING AT KAMARAJANAGARA, K.G. HALLI, NAGAVARA MAIN ROAD, ARABIC COLLEGE POST, BANGALORE-560 045. …PETITIONER (BY SMT. BUDRUNNISA, ADVOCATE) AND: STATE OF KARNATAKA GOVINDAPURA PS REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001. …RESPONDENT (BY SMT. PUSHAPALATHA B., ADDL. SPP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.182/2022 AND CC NO.59217/2023 FOR THE ALLEGED O/U/S 143, 341, 427, 307, 324, 504 R/W 34 OF IPC REGISTERED BY RESPONDENT/GOVINDAPURA P.S BANGALORE, NOW PENDING ON THE FILE OF HONBLE XI ACJM, MAYOHALL, BANGALORE. Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:17086 CRL.P No. 4884 of 2025 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 No.5 in Crime No.182/2022 registered by Govindapura Police Station, Bengaluru, for offences punishable under Sections 143, 341, 427, 307, 324, 504 read with 34 of the Indian Penal Code (for short, 'IPC') is before this Court under Section 438 of Cr.PC seeking anticipatory bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No.182/2022 was registered by Govindapura Police Station, Bengaluru, for the aforesaid offences against one Nasru and others on the basis of the first information dated 21.11.2022 received from Syed Javeed, who is one of the injured victims in the present case. 4. During the course of the investigation of the case, some of the accused were arrested and after completing investigation, charge sheet has been filed against nine persons and petitioner herein is arrayed as accused No.5 in the charge sheet. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.25175/2025 before the Jurisdictional Sessions - 3 - NC: 2025:KHC:17086 CRL.P No. 4884 of 2025 Court which was rejected on 12.03.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that after registration of FIR in the present case, FIR in Crime No.317/2023 was registered by the very same police station and in the said case, petitioner was arrested and he was in custody for a period of nearly three months. He was granted regular bail in the said case by this Court in Crl.P.No.4312/2024. He was not taken into custody in the present case, even though, he was arrested by the very same police station. Except the aforesaid two cases, petitioner has no other criminal antecedents. Investigation of the case is already completed and accordingly prays to allow the petition. 6. Per contra, learned Additional SPP has opposed the petition. She submits that petitioner was absconding and he has not co-operated for the purpose of investigation. Therefore, relief of anticipatory bail cannot be granted to him. Accordingly, she prays to dismiss the petition. 7. Perusal of the first information in Crime No.182/2022 would go to show that in the said case, FIR has - 4 - NC: 2025:KHC:17086 CRL.P No. 4884 of 2025 been registered against Nasru and others and name of the petitioner, who is arrayed as accused No.5 in the FIR is shown as Manoj. Petitioner was arrayed as accused in Crime No.317/2023 registered by the very same police station and in the said case, petitioner was arrested and remanded to judicial custody. This Court in Crl.P.No.4312/2024 disposed of on 07.06.2024 has granted regular bail to the petitioner in Crime No.317/2023. Petitioner was arrested in Crime No.317/2023 on 12.03.2024 and therefore, nearly for a period of three months he was in custody. For the reasons best known to the police, they have not taken any action to seek petitioner's custody in the present case though they had arrested him in Crime No.317/2023. Undisputedly, except the aforesaid two cases, petitioner has no other criminal antecedents. In the present case, the injured victims have suffered only simple injuries. Petitioner has undertaken to co-operate before the Trial Court and regularly appear on the dates of hearing. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner, for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:- - 5 - NC: 2025:KHC:17086 CRL.P No. 4884 of 2025 ORDER The 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 in Crime No.182/2022 registered by Govindapura Police Station, Bengaluru, for offences punishable under Sections 143, 341, 427, 307, 324, 504 read with 34 of IPC, subject to the following conditions: 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 Jurisdiction Session Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner shall not tamper with the prosecution witness and she shall co-operate with - 6 - NC: 2025:KHC:17086 CRL.P No. 4884 of 2025 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 SPV List No.: 1 Sl No.: 44