- 1 - NC: 2025:KHC:17087 CRL.P No. 4937 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. 4937 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. ULLASGOWDA @ CHITTE S/O LATE THYAGARAJU, AGED ABOUT 23 YEARS, R/AT 2ND STAGE, KAVERI NAGAR, MANDYA CITY, MANDYA DISTRICT-571 401. 2. SWAROOP M.S., S/O SHIVARAMU, AGED ABOUT 26 YEARS, TENDER COCONUT BUSINESS, R/AT GEJJALAGERE VILLAGE, MADDUR TALUKE, MANDYA DISTRICT-571 428. …PETITIONERS (BY SMT. RAKSHA KEERTHANA K., FOR SRI. KEMPARAJU, ADVOCATE) AND: STATE OF KARNATAKA BY MANDYA WEST POLICE STATION, MANDYA REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001. …RESPONDENT (BY SMT. PUSHAPALATHA B., ADDL. SPP) Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17087 CRL.P No. 4937 of 2025 THIS CRL.P FILED U/8S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL IN CR.NO.33/2025 OF THE RESPONDENT MANDYA WEST POLICE FOR THE ALLGED OFFENCE P/U/S 310(4),310(5),312 OF BNS ACT PENDING ON THE FILE OF HONBLE PRL.CIVIL JUDGE (SR.DN) AND C.J.M COURT AT MANDYA. 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.5 and 6 in Crime No.33/2025 registered by Mandya West Police Station, Mandya, for offences punishable under Sections 310(4), 310(5), 312 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') are before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.33/2025 was registered by Mandya West Police Station, Mandya against one Ajay and others, on the basis of the first information dated 25.02.2025 received from Naveen Supekar.V - Police Officer attached to Mandya West Police Station. - 3 - NC: 2025:KHC:17087 CRL.P No. 4937 of 2025 4. During the course of investigation of the case, petitioners herein who are arrayed as accused Nos. 5 and 6 in the FIR were arrested on 26.02.2025 and subsequently, remanded to judicial custody. Bail application filed by the petitioners in Crl.Misc.No.158/2025 and Crl.Misc.No.159/2025 before the Jurisdictional Sessions Court was rejected on 22.03.2025. Therefore, the petitioners are before this Court. 5. Learned counsel for the petitioner submits that for extraneous reasons police have arrested the petitioners in the present case. Major portion of investigation is completed. The alleged offences are not punishable with death or life imprisonment. Accordingly, she prays to allow the petition. 6. Per contra, learned Additional SPP has opposed the petition. She submits that petitioners who are persons with criminal antecedents were found prepared to commit dacoit, armed with deadly weapons on 25.02.2025. They were arrested at the spot by the police and accordingly prays to dismiss the petition. 7. In the first information which is filed by the first informant who is the Inspector of Police attached to Mandya West Police Station it is stated that, on 25.02.2025 at about - 4 - NC: 2025:KHC:17087 CRL.P No. 4937 of 2025 6.40pm he received credible information that about 10-13 persons armed with deadly weapons were making preparations for committing dacoity and therefore, the first informant along with his staff and independent punchas conducted a raid on the alleged spot and managed to apprehend seven persons at the spot and thereafter, FIR was registered against them. Petitioners who were apprehended at the spot are arrayed as accused Nos. 5 and 6 in the present case. They were arrested and remanded to judicial custody on 26.02.2025. Major portion of the investigation is already completed. It is not in dispute that in the earlier criminal case registered against the petitioners, they are already enlarged on bail. The alleged offences are neither punishable by death or with life imprisonment. Apprehension expressed by learned Additional SPP can be taken care of by imposing appropriate conditions against the petitioners who are aged about 23 and 26 years respectively. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- - 5 - NC: 2025:KHC:17087 CRL.P No. 4937 of 2025 ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.33/2025 registered by Mandya West Police Station, Mandya, for offences punishable under Sections 310(4), 310(5), 312 of BNS, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; - 6 - NC: 2025:KHC:17087 CRL.P No. 4937 of 2025 e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. f) The petitioners shall appear before Station House Officer of Mandya West Police Station, Mandya on every alternative Sunday of the month between 10.00 a.m. and 1.00 p.m. and mark their attendance until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 46