- 1 - NC: 2025:KHC:16133 CRL.P No. 5051 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5051 OF 2025 BETWEEN: SRI VIKAS K @ VIKKI S/O LATE KRISHNAMURTHY AGED ABOUT 24 YEARS R/AT VAJARHALLI NAGAMANGALA TOWN NELAMANGALA BANGALORE RURAL DISTRICT - 562 123. …PETITIONER (BY SRI PUTTARAJA C.P, ADV.) AND: THE STATE OF KARNATAKA BY TUMAKURU RURAL POLICE 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 THE PETITIONER ON BAIL IN CRIME NO.202/2021 NOW S.C.NO.69/2021 PENDING BEFORE THE HONBLE II ADDL. DISTRICT AND SESSIONS CIVIL JUDGE AT TUMKUR FOR AN OFFENCE P/U/S. 224, 307, 332, 353 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16133 CRL.P No. 5051 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.69/2021 pending before the Court of III Addl. District & Sessions Judge, Tumakuru arising out of Crime No.202/2020 registered by Tumakuru Rural Police Station, Tumakuru District for the offences punishable under Sections 224, 307, 332 & 353 of IPC is before this Court under Section 438 of Cr.P.C, seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. Learned counsel for the petitioner submits that the petitioner was an accused in S.C.No.72/2021 registered for the offence punishable under Section 302 of IPC and allegation against him in the present case is that when an attempt was made to arrest him in the said case by the police, he had allegedly tried to assault them and as a result, police in retaliation had fired on his leg from the service pistol. As a result of the gunshot, the petitioner - 3 - NC: 2025:KHC:16133 CRL.P No. 5051 of 2025 who suffered injury was admitted in the hospital and he was taken to custody in S.C.No.72/2021 and also was produced under body warrant in S.C.No.69/2021 subsequently. He submits that the petitioner has been acquitted in S.C.No.72/2021 vide judgment and order dated 30.10.2024 and therefore he was released from the custody. The Trial Court in S.C.No.69/2021 has now issued NBW against the petitioner and this petition is therefore filed apprehending arrest. He further submits that the petitioner may be granted liberty to appear before the Trial Court in S.C.No.69/2021 and make necessary application seeking recall of NBW issued against him and also file necessary application seeking regular bail. He submits that considering the fact that he has been produced under body warrant in S.C.No.69/2021 for a considerable period of time, the Trial Court may be directed to consider his application on merits and dispose of the application on the same day. 4. The submission is placed on record. - 4 - NC: 2025:KHC:16133 CRL.P No. 5051 of 2025 5. Learned HCGP does not seriously oppose the prayer made by the learned counsel for the petitioner. 6. Considering the aforesaid aspects of the matter, the petition is disposed of with liberty to the petitioner to appear before the Trial Court and make necessary application seeking recall of NBW issued against him and also file necessary application seeking regular bail. 7. In the event, the petitioner appears before the Trial Court in S.C.No.69/2021 and files necessary application, the Trial Court shall consider the said applications on merits and dispose of the same on the very same day. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS