- 1 - NC: 2025:KHC:16610 CRL.P No. 5375 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5375 OF 2025 BETWEEN: 1. RAVI S/O MADEGOWDA AGED ABOUT 48 YEARS. 2. JAGADISHA S/O JAVAREGOWDA AGED ABOUT 40 YEARS. BOTH PETITIONERS ARE RESIDENTS OF MAHADEVAPURA VILLAGE, KASABA HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT - 571 415. …PETITIONERS (BY SRI GNANESH H KEMPANNA, ADV.) AND: STATE OF KARNATAKA BY ARAKERE POLICE, MANDYA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC PRAYING TO ENLARGE THEM ON BAIL IN THE EVENT OF THEIR ARREST BY RESPONDENT ARAKERE PS IN CRIME NO.38/2025 FOR THE P/U/S. 189(2), 191(2), 193(3), 352, 109, 118, 115(2), 351(2), 190 OF BNS PENDING ON Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16610 CRL.P No. 5375 of 2025 THE FILE OF PRL. CIVIL JUDGE (JR.DIV.) AND JMFC COURT, SRIRANGAPATNA, MANDYA DISTRICT. 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 & 2 in Crime No.38/2025 registered by Arakere Police Station, Mandya District, for the offences punishable under Sections 189(2), 191(2), 191(3), 352, 109, 118, 115(2), 351(2), 190 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.38/2025 was registered by Arakere Police Station, Mandya District, for the aforesaid offences against the petitioners herein and four others based on the first information dated 15.03.2025 received from M.C.Sagara who is the injured victim in the present case. Apprehending arrest in the said case, petitioners herein had filed Crl. Misc. No.5164/2024 before the jurisdictional Sessions Court which was rejected as - 3 - NC: 2025:KHC:16610 CRL.P No. 5375 of 2025 against them by order dated 01.04.2025. Therefore, they are before this Court. 4. Learned Counsel for the petitioners submits that the first information is a person with criminal antecedents and he is involved in another criminal case registered in Crime No.50/2025 for the offence punishable under Section 109 of BNS, 2023 after the registration of FIR in the present case. He submits that the first informant has not suffered any grievous injury in the incident in question and the very fact that he is involved in a case registered for the offence punishable under Section 109 of BNS, 2023, in Crime No.50/2025 registered by very same police station would go to show that he is a person with antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition, submits that investigation of the case is still under progress. Accordingly, he prays to dismiss the petition. 6. Perusal of the material on record would go to show that in the first information which is submitted by the injured victim, he has stated that on 14.03.2025 when he was in his house with his mother and other family members, the accused - 4 - NC: 2025:KHC:16610 CRL.P No. 5375 of 2025 persons who came there after abusing him, assaulted him with deadly weapons and caused grievous injuries to him. The allegation of assaulting the victim with a machete on his head is as against accused no.1 and accused no.2 allegedly assaulted the victim with a reaper piece on his head. 7. Learned Counsel for the petitioner has produced the copy of the FIR in Crime No.50/2025 registered by Arakere Police Station, which would go to show that on the basis of the first information submitted by one M.C.Mohan Kumar, FIR has been registered against the first informant herein - M.C.Sagar for the offence punishable under Sections 352, 109, 118, 351(2) of BNS, 2023. Therefore, it is apparent that the victim - first informant who allegedly had suffered injuries in the incident in question has recovered from his injuries and his condition is stable. Undisputedly, petitioners do not have any criminal antecedents. The others accused have been already granted anticipatory bail by the jurisdictional Sessions Court. Petitioners who are agriculturists have undertaken to cooperate with the police for the purpose of investigation. Considering the aforesaid aspects of the matter, I am of the opinion that - 5 - NC: 2025:KHC:16610 CRL.P No. 5375 of 2025 petitioners' prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 8. 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.38/2025 registered by Arakere Police Station, Mandya District, for the offences punishable under Sections 189(2), 191(2), 191(3), 352, 109, 118, 115(2), 351(2), 190 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/- 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. 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. - 6 - NC: 2025:KHC:16610 CRL.P No. 5375 of 2025 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK