- 1 - HC-KAR NC: 2025:KHC:19212 CRL.P No. 5545 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5545 OF 2025 BETWEEN: SRI. GURUPRASAD, S/O CHANDRAIAH, AGED ABOUT 21 YEARS, RESIDING AT MADAPURA VILLAGE, AMBADAHALLI POST, V PURA HOBLI, CHANNAPATTANA TALUK, RAMANAGARA DISTRICT - 562 138. …PETITIONER (BY SRI. LOKESH S.G., ADVOCATE) AND: STATE BY AKKUR POLICE STATION, REPRESENTED BY STATE P.P., HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P. IS FILED U/S 438 OF CR.P.C., PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL, IN THE EVENT OF ARREST OF THE PETITIONER BY THE RESPONDENT POLICE IN RESPECT OF THE CR.NO.153/2024 OF AKKUR POLICE STATION WHICH IS Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19212 CRL.P No. 5545 of 2025 PENDING BEFORE THE HONBLE SENIOR CIVIL JUDGE AND JMFC, CHANNAPATTANA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 303(2), 324(3) OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.153/2024 registered by Akkur Police Station, Ramanagara District, for offences punishable under Sections 303(2), 324(3) of BNS 2023 is before this Court 482 of BNSS 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.153/2024 registered by Akkur Police Station, Ramanagara District, for the aforesaid offences against unknown persons, based on the first information on 16.11.2024 received from Chikkalingaiah, Engineer attached to BESCOM, Channapatna Taluk, Ramanagara District. Apprehending arrest in the said case, - 3 - HC-KAR NC: 2025:KHC:19212 CRL.P No. 5545 of 2025 petitioner had filed Crl.Misc.No.185/2025 which was rejected on 15.03.2025 by the Jurisdictional Sessions Court. Therefore, petitioner is before this Court. 4. Perusal of material on record would go to show that petitioner was arrested in Crime No.393/2024 registered by Bidadi Police Station, Ramanagara District on similar allegation against the petitioner. In the said case, he was enlarged on regular bail on 03.02.2025 by the Jurisdictional Court of Magistrate at Ramanagara. 5. It appears that in the present case, accused Nos.5, 6 and 7 were arrested and in their remand application dated 11.01.2025, petitioner is shown as accused No.1 and it is also mentioned in the remand application that he is in custody. In spite of the police knowing that petitioner was in custody in Crime No.393/2024, no attempt was made by Akkur Police, Ramanagara, to secure the presence of the petitioner in the present case by seeking body warrant before the jurisdictional Court. After the petitioner was released on - 4 - HC-KAR NC: 2025:KHC:19212 CRL.P No. 5545 of 2025 bail in Crime No.393/2024, he has filed an application seeking anticipatory bail in the present case before the Jurisdictional Sessions Court. The alleged offences are triable by the Court of the Magistrate and the maximum punishment for the aforesaid offences is imprisonment for a period of three years. Petitioner has been undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. 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 registered by Akkur Police Station, Ramanagara District, for offences punishable under Sections 303(2), 324(3) of BNS 2023C, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:19212 CRL.P No. 5545 of 2025 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 rv List No.: 1 Sl No.: 51