- 1 - NC: 2025:KHC:16751 CRL.P No. 5404 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5404 OF 2025 BETWEEN: SUMANTH AGED ABOUT 25 YEARS S/O MANJEGOWDA R/AT ANCHEBEERANAHALLI VILLAGE, KIKKERI HOBLI K.R. PETE TALUK MANDYA DISTRICT - 571 423. …PETITIONER (BY SRI P. NATARAJU, ADV.) AND: THE STATE OF KARNATAKA KIKKERI POLICE STATION, MANDYA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, 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 HIM ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.43/2025 REGISTERED BY THE KIKKERI P.S. MANDYA DISTRICT FOR THE OFFENCE P/U/S 118(1),119(1),190,324(4),352,109,351(2) OF BNS 2023 PENDING ON THE FILE OF THE LEARNED CIVIL JUDGE SENIOR DIVISION AND J.M.F.C AT K.R.PET, MANDYA DISTRICT BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16751 CRL.P No. 5404 of 2025 ORAL ORDER Accused No.4 in Crime No.43/2025 registered by Kikkeri Police Station, Mandya District for the offences punishable under Sections 352, 118(1), 324(4), 119(1), 109 & 351(2) R/w 190 of BNS, 2023 is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.43/2025 was registered by Kikkeri Police Station, Mandya District against Sunni and others on the basis of first information dated 06.03.2025 received from Smt. Shylaja, who is the mother of the injured victim Santhosh Kumar. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.5097/2025, which was rejected on 04.04.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that, the alleged incident had taken place on the - 3 - NC: 2025:KHC:16751 CRL.P No. 5404 of 2025 night of 05.03.2025 at about 22 hours out side a bar and restaurant. The injured victim Santhosh Kumar along with his friends Manjunath and Nagaraju allegedly were standing outside the bar and restaurant at about 10.00 p.m, on 05.03.2025 and accused persons, who came there all of a sudden abused the victim and his friends and demanded money. When the victim refused to pay the money, accused persons allegedly assaulted him with beer bottle and knife and thereafter escaped from the spot after snatching a sum of Rs.40,000/- in cash and also the gold chain of the victim. 5. Material on record would go to show that, the victim has suffered only simple injury in the incident in question. Undisputedly, the petitioner has no other criminal antecedents and the incident in question had taken place outside a bar and restaurant. Though the incident in question had taken place at about 10.00 p.m, on 05.03.2025, the first information is belatedly filed by - 4 - NC: 2025:KHC:16751 CRL.P No. 5404 of 2025 the mother of the victim on 06.03.2025 at about 3.00 p.m,. 6. Considering the aforesaid aspects of the matter, I am of the opinion that by imposing appropriate conditions, the petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. 7. Accordingly, the following: ORDER The Criminal 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.43/2025 registered by Kikkeri Police Station, Mandya District for the offences punishable under Sections 352, 118(1), 324(4), 119(1), 109 & 351(2) R/w 190 of BNS, 2023subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within two week's from the date of this order - 5 - NC: 2025:KHC:16751 CRL.P No. 5404 of 2025 and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the investigating officer. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The 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 NMS