- 1 - NC: 2025:KHC:17151 CRL.P No. 5418 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. 5418 OF 2025 BETWEEN: CHIRANTH M S/O C. MAHADEVAIAH AGED ABOUT 19 YEARS R/AT 2446/1, 5TH CROSS 2ND MAIN, K. G. KOPPAL MYSURU - 570 009 AS PER THE FIR NAME MENTIONED OF THE PETITIONER KUMARA SWAMY (ACCUSED NO.5) …PETITIONER (BY SRI RAJA K.P, ADV.) AND: STATE BY SARASWATHIPURAM P.S REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE -560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.02/2025 OF SARASWATHIPURAM POLICE STATION FOR THE OFFENCES P/U/S. 109, 115(2) R/W 3(5) OF BNS, WHICH IS PENDING BEFORE THE LEARNED COURT OF III JMFC COURT, MALALAVADI, MYSURU, MYSURU CITY, IN THE ABOVE CASE. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17151 CRL.P No. 5418 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 1. Accused No.5 in Crime No.2/2025 registered by Saraswathipuram Police Station, Mysuru City, for the offences punishable under Sections 109, 115(2) and 3(5) of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that accused Nos.1 and 2 have been granted regular bail by this Court in Crl.P.No.2156/2025 and accused Nos.3 and 4 have been granted anticipatory bail by this Court in Crl.P.No.2133/2025. The allegation against the petitioner and accused Nos.3 and 4 are similar. 4. Per contra, learned Addl. SPP, who has opposed the petition does not dispute the submission made by learned counsel for the petitioner. - 3 - NC: 2025:KHC:17151 CRL.P No. 5418 of 2025 5. The material on record would go to show that allegation of assaulting the victims with weapons and causing grievous injuries is found only as against accused Nos.1 and 2, who are arrested in the present case. The allegation against the petitioner and accused Nos.3 and 4 who have been granted anticipatory bail are similar in the first information. In respect of the alleged incident that had taken place at about 08.00 p.m. on 06.01.2025, there is a case and counter case registered by Saraswathipuram Police Station, Mysuru, in Crime No.2/2025 and Crime No.3/2025. Accused Nos.1 and 2 have been granted regular bail by this Court in Crl.P.No.2156/2025 and accused Nos.3 and 4 have been granted anticipatory bail by this Court in Crl.P.No.2133/2025. Under the circumstances, I am of the opinion that on the ground of parity, petitioner's prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 6. 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.2/2025 registered by Saraswathipuram Police Station, Mysuru City, for - 4 - NC: 2025:KHC:17151 CRL.P No. 5418 of 2025 the offences punishable under Sections 109, 115(2) and 3(5) of BNS, 2023, 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 investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with 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 DN