- 1 - NC: 2025:KHC:18374 CRL.P No. 6157 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 6157 OF 2025 (438(Cr.PC) / 482(BNSS) BETWEEN: 1. AVINASH S.J. S/O. LATE JAYAPPA, AGED ABOUT 60 YEARS, R/AT SUNTI VILLAGE, GOWDALLI POST, SOMWARPET TALUK, KODAGU DISTRICT-571236. 2. RATHNAKARA S.K @ CHINNAMAYEE S/O KANTHAKUMAR.S.S. AGED ABOUT 27 YEARS, R/AT SUNTI VILLAGE, GOWDALLI POST, SOMWARPET TALUK, KODAGU DISTRICT-571236. …PETITIONERS (BY SRI. PAVANA B K., ADVOCATE) AND: THE STATE OF KARNATAKA REP. BY SHANIVARASANTHE POLICE STATION, KODAGU DISTRICT, REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP FOR RESPONDENT) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18374 CRL.P No. 6157 of 2025 THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND GRANT ANTICIPATORY BAIL IN THE EVENT OF ARREST OF THE PETITIONERS IN CRIME NO.55/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 118(1), 115(2), 126(2), 351(2) AND 352 R/W SEC. 3(5) OF THE BNS BY SHANIVARASANTHE POLICE, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT, SOMWARPET, KODAGU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER This petition is filed by the accused seeking for anticipatory bail in Crime No.55/2025, registered by the Shanivarasanthe Police Station, for the offences punishable under Sections 109, 118(1), 115(2), 126(2), 351(2) AND 352 r/w Sec. 3(5) of the BNS. 2. It is the case of the prosecution that on 01.04.2025, the complainant after having finished the program of watching the football, which was held at Gowdalli, was proceeding in his Scooty. At that time, he was restrained by the petitioner, and he was abused. In the meantime, Chinamay, who had come to the place, - 3 - NC: 2025:KHC:18374 CRL.P No. 6157 of 2025 took one iron rod and assaulted on the back side of the head. The petitioner No.1 took the knife that was in the car and tried to assault the complainant, however, he had escaped from the said blow. Thus, a complaint came to be registered by the complainant. Based on the complaint, the respondent police have registered the FIR in Crime No.55/2025 for the offences stated supra. 3. Heard Sri Pavan.B.K, learned counsel for the petitioner and Smt.Waheeda.M.M., learned High Court Government Pleader for the respondent/State. 4. It is the submission of the learned counsel for the petitioner that the petitioners have been implicated falsely in this case. Even assuming that they have assaulted the complainant, the complainant is out of danger. The petitioners would co-operate the respondent police in the investigation till the filing of the charge sheet. 5. It is further submitted that the complaint came to be registered by the complainant only in order to avoid - 4 - NC: 2025:KHC:18374 CRL.P No. 6157 of 2025 the loan to be paid to the petitioner. The petitioners are permanent residents of the address stated in the cause title. They will abide by the conditions imposed by this court in the event of their release on bail. The offences are neither punishable with death nor with life imprisonment. Hence, the petitioners may be enlarged on bail. 6. Per contra, learned High Court Government Pleader vehemently opposed the said submissions, and she prays to dismiss the petition. 7. Having heard the learned counsel for the respective parties and also perused the averments of the complaint and also the FIR. On perusal of the documents available on record and also the submission made by the counsel for the petitioner, the alleged offense, though it appears to be serious in nature, the fact remains that, the complainant is out of danger and he has been discharged from the hospital. Mere assault with lethal weapons without any intention to commit murder cannot be - 5 - NC: 2025:KHC:18374 CRL.P No. 6157 of 2025 construed as an attempt to commit murder. Thus, after having gone through the records, without adverting to the merit of the case, I am of the considered opinion that it is a case to grant bail. 8. Hence, I proceed to pass the following: ORDER The petition is allowed. The petitioners are ordered to be enlarged on bail in the event of his arrest in Crime No.55/2025, registered by respondent -police for the offences punishable under Sections 109, 118(1), 115(2), 126(2), 351(2) and 352 r/w Sec.3(5) of BNS, by Shanivarasanthe Police, pending on the file of the Senior Civil Judge and JMFC Court, Somwarpet, Kodagu, subject to the following conditions: (i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) each with one surety for the - 6 - NC: 2025:KHC:18374 CRL.P No. 6157 of 2025 likesum to the satisfaction of the jurisdiction police. (ii) The petitioners shall appear before the respondent police within one month from today to execute the bond and also the surety. (iii) The petitioners shall appear before the respondent police on fortnightly Saturday between 10.00 a.m to 2.00 p.m and he has to affix his signature till filing of the charge sheet. (iv) The petitioners shall not threaten or tamper the prosecution witnesses. (v) The petitioners shall not commit similar offences till disposal of the case. (vi) The petitioners shall appear before the Trial Court on all hearing dates without fail. - 7 - NC: 2025:KHC:18374 CRL.P No. 6157 of 2025 (vii) The Registry is directed to communicate this order to the jurisdictional Police Station forthwith. In case, if the petitioners violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. Sd/- (S RACHAIAH) JUDGE SRK List No.: 1 Sl No.: 40