- 1 - NC: 2025:KHC:15768 CRL.P No. 5043 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. 5043 OF 2025 BETWEEN: 1. VASANTHA S/O JAVARAIAH AGED ABOUT 35 YEARS. 2. PRADEEPA S/O JAVARAIAH AGED ABOUT 32 YEARS. 3. SHOBHARAJ S/O REVANNA AGED ABOUT 33 YEARS. ALL ARE R/AT BANNI BEEDI HUNSUR TOWN, MYSORE DISTRICT - 571 105. …PETITIONERS (BY SRI MADHU E.K, ADV.) AND: STATE BY HUNSUR TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15768 CRL.P No. 5043 of 2025 CR.NO.39/2025 OF HUNSUR TOWN P.S. REGISTERED FOR THE OFFENCE P/U/S 126(2),115(2),118(1),352,109 R/W 3(5) OF BSN PENDING ON THE FILE OF THE LEARNED PRL.CIVIL JUDGE (SR.DN) AND C.J.M AT HUNSUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 to 3 in Crime No.39/2025 registered by Hunusur Town Police Station, Mysuru District, for the offences punishable under Sections 126(2), 115(2), 118(1), 352 and 109 read with Section 3(5) 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.39/2025 was registered by Hunusur Town Police Station, Mysuru District, against the petitioners herein initially for the offences punishable under Sections 126(2), 115(2), 118(1), 352 and 3(5) of BNS, 2023, based on the first information dated 16.02.2025 submitted by the injured victim Ananda S/o Annaiah. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.5046/2025 which was allowed by the jurisdictional Sessions Court on 27.02.2025. It - 3 - NC: 2025:KHC:15768 CRL.P No. 5043 of 2025 appears that thereafter, the offence punishable under Section 109 of BNS, 2023, was invoked in the present case and therefore, petitioners had once again filed Crl.Misc.No.5050/2025 before the jurisdictional Sessions Court which was rejected on 10.03.2025. Therefore, they are before this Court. 4. A perusal of the material on record would go to show that petitioners were granted anticipatory bail in the present case initially in Crl.Misc.No.5046/2025 disposed of on 27.02.2025. It appears that in the meanwhile, further statement of the first informant was received by the police on 19.02.2025 and thereafter, a requisition was filed before the jurisdictional Court of Magistrate to invoke Section 109 of BNS, 2023 and considering the said requisition, learned Magistrate had permitted the Investigation Officer to invoke the offence punishable under Section 109 of BNS, 2023, against the accused. Be that as it may, petitioners were granted anticipatory bail in the present case initially subject to certain conditions and there is no allegation that they have violated any of the bail conditions imposed on them. Undisputedly, they do not have any criminal antecedents. The offence punishable - 4 - NC: 2025:KHC:15768 CRL.P No. 5043 of 2025 under Section 109 of BNS, 2023, has been invoked based on the further statement of the first informant which was given after a period of four days from the date of the alleged incident. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 5. The 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.39/2025 registered by Hunusur Town Police Station, Mysuru District, for the offences punishable under Sections 126(2), 115(2), 118(1), 352 and 109 read with Section 3(5) of BNS, 2023, subject to the following conditions: 1. 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. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 5 - NC: 2025:KHC:15768 CRL.P No. 5043 of 2025 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate 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 DN