- 1 - NC: 2025:KHC:17271 CRL.P No.5997 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.5997 OF 2025 BETWEEN: LIKITH S/O. THYAGARAJ, AGED ABOUT 22 YEARS, R/O. TUBINAKERE VILLAGE, HIRISAVE HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573 116. …PETITIONER (BY SRI. VIJAY KUMAR T., ADVOCATE) AND: THE STATE OF KARNATAKA STATE BY HIRISAVE POLICE STATION, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573116, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP ) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BHARATIYA NAGARIKA SURAKSHA SANHITA - 2023 PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.40/2025 REGISTERED BY THE HIRISAVE POLICE STATION, CHANNARAYAPATNA TALUK, HASSAN Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17271 CRL.P No.5997 of 2025 DISTRICT FOR THE OFFENCE P/U/S 109, 115(2), 3(5) OF BNS 2023 WHICH IS PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (Jr.Dn.) JMFC COURT, CHANNARAYAPATNA. 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.1 in Crime No.40/2025 registered by the Hirisave Police Station, Channarayapatna Taluk, Hassan District, for the offences punishable under Sections 109, 115(2), 3(5) of BNS, 2023, is before this Court under Section 482 Bharatiya Nagarika Suraksha Sanhita, 2023, seeking anticipatory bail. 2. Heard learned counsel appearing for the parties. 3. FIR in Crime No.40/2025 was registered by Hirisave Police Station, Hassan, for the aforesaid offences against the petitioner and two others based on the first information dated 12.03.2025 received from Smt. Devamni mother of injured victims Karthik and Rakshit. Apprehending arrest in the case, petitioner herein had filed Crl.Misc.302/2025 before the - 3 - NC: 2025:KHC:17271 CRL.P No.5997 of 2025 jurisdictional Sessions Court which was rejected on 25.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that injured victim Kartik had suffered only simple injury and the other injured victim Rakshit had suffered lacerated wound over the right eye-brow which is certified as a grievous injury. There is no specific allegation against anyone of the accused regarding the assault made on Rakshit. Petitioner has no criminal antecedent. He is aged about 23 years. Accused Nos.2 and 3 have been granted regular bail in the present case and accordingly, prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the petition on the ground that victim Rakshit has suffered grievous injury and on the ground that other accused have been granted regular bail, petitioner cannot be granted anticipatory bail and accordingly, prays to dismiss the petition. 6. In respect of the alleged incident that had taken place on 12.03.2025, there is a case and a counter case registered by Hirisave Police Station, Hassan in Crime No.40/2025 and Crime No.41/2025. Petitioner herein is arraigned as accused No.1 in - 4 - NC: 2025:KHC:17271 CRL.P No.5997 of 2025 Crime No.40/2025. Injury certificate of injured victim Karthik would go to show that he has suffered only simple injury in the incident in question. The other injured victim Rakshit who is the brother of Karthik has suffered lacerated wound over right eye-brow which is certified as a grievous injury by the doctor. Rakshit has been discharged from hospital and his condition is stated to be stable. Accused No.2 and 3 have been granted regular bail in the present case. Perusal of the first information would go to show that there is no specific overt act against the petitioner about he assaulting the injured Rakshit. Undisputedly, petitioner has no other criminal antecedents and he has undertaken to co-operate with the police for the purpose of investigation. Therefore, I am of the opinion that the prayer for anticipatory bail has to be answered in the affirmative. 7. Accordingly, 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.40/2025 registered by the Hirisave Police Station, Channarayapatna Taluk, Hassan District, for the offences punishable under Sections 109, 115(2), 3(5) of BNS, 2023, subject to the following conditions: - 5 - NC: 2025:KHC:17271 CRL.P No.5997 of 2025 (i) The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and the petitioner 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. (ii) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (iii) Petitioner shall not tamper with the prosecution witness and shall co-operate with the police for investigation and appear before them whenever called upon. (iv) The petitioner shall not involve in similar offences in future. SD/- (S VISHWAJITH SHETTY) JUDGE sac List No.: 2 Sl No.: 15