- 1 - HC-KAR NC: 2025:KHC:23655 CRL.P No. 6333 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6333 OF 2025 BETWEEN: 1. MR. DRUVA KUMARA @ DRUVA S/O RAMACHANDRA AGED ABOUT 20 YEARS R/AT NO.333, 10TH CROSS 7TH MAIN, KAVERI NAGAR BSK 2ND STAGE, BENGALURU - 560 070. 2. MR SATHISH S/O ARMUGAM AGED ABOUT 22 YEARS R/AT NO. 816, 7TH MAIN ROAD 12TH CROSS, KAVERI NAGAR BSK 2ND STAGE, BENGALURU - 560 070. …PETITIONERS (BY SRI LOKESH R, ADV.) AND: STATE OF KARNATAKA BY BANASHANKARI POLICE STATION BENGALURU, REPRESENTED BY ITS HCGP. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CC.NO.6152/2023 OF CR.NO.127/2022, FOR THE OFFENCE P/U/S 341,504,323,326,506,34 OF IPC, PENDING BEFORE THE COURT OF THE HONBLE II ACJM, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23655 CRL.P No. 6333 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 3 in Crime No.127/2022 registered by Banashankari Police Station, Bengaluru City for the offences punishable under Sections 341, 504, 323, 326, 506 R/w 34 of IPC are before this Court under Section 438 of Cr.P.C, seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.127/2022 was registered by Banashankari Police Station, Bengaluru City initially for the offence punishable under Sections 341, 504, 323, 324, 506 R/w 34 of IPC, on the basis of first information dated 27.05.2022 received from Sri Waseem Akram, who is the injured victim. After completing investigation, charge sheet has been filed against three persons invoking the offence punishable under Section 326 of IPC in addition to the offences which were invoked in the FIR. Apprehending arrest in the said case, the petitioners had filed - 3 - HC-KAR NC: 2025:KHC:23655 CRL.P No. 6333 of 2025 Crl.Misc.No.11534/2024, which was rejected on 19.12.2024. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that the incident in question had taken place, after the victim had earlier assaulted accused No.1. The victim is said to be a rowdy sheeter. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the bail petition. 6. Perusal of the first information would go to show that, on 26.05.2022, at about 9.30 p.m, the two wheeler of petitioner No.1 allegedly had dashed against the injured victim Waseem Akram and therefore Waseem Akram had assaulted petitioner No.1. It is alleged that, thereafter at about 10.00 p.m, petitioner No.1 along with his friend came in a two wheeler and allegedly assaulted Waseem Akram with weapons and as a result he suffered injuries. It is in this background, Waseem Akram had - 4 - HC-KAR NC: 2025:KHC:23655 CRL.P No. 6333 of 2025 approached the Police on 27.05.2022 at about 14.30 hours. 7. Perusal of the material on record would go to show that, FIR in the present case was initially registered for the offences punishable under Sections 341, 504, 323, 324, 506 R/w 34 of IPC. The petitioners were granted station bail and were released. After completing investigation, charge sheet was filed invoking offence punishable under Section 326 of IPC. Since the petitioners did not appear before the learned Magistrate, NBW was issued against them. Learned counsel for the petitioners submits that since offence punishable under Section 326 of IPC was invoked, the petitioners apprehended their arrest and therefore, they had not appeared before the learned Magistrate. The said apprehension appears to be reasonable. The fact remains that the petitioners have no criminal antecedents and in crime stage they were released on station bail. - 5 - HC-KAR NC: 2025:KHC:23655 CRL.P No. 6333 of 2025 8. The wound certificate of the injured victim would go to show that, he has suffered five injuries and injury nos.1 to 4 are certified as simple injury and injury no.5 which is tenderness over right frontal region is considered as grievous injury. The victim, who was admitted to a hospital on 27.05.2022 was discharged on 01.06.2022 and his condition is said to be stable. 9. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioners, who are aged about 20 and 22 years respectively, for grant of anticipatory bail is required to be answered affirmatively. 10. 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 their arrest in Crime No.127/2022 registered - 6 - HC-KAR NC: 2025:KHC:23655 CRL.P No. 6333 of 2025 by Banashankari Police Station, Bengaluru City for the offences punishable under Sections 341, 504, 323, 326, 506 R/w 34 of IPC, subject to the following conditions: 1. The petitioners shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The 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. - 7 - HC-KAR NC: 2025:KHC:23655 CRL.P No. 6333 of 2025 4. The petitioners shall not involve in similar offences in future. SD/- (S VISHWAJITH SHETTY) JUDGE NMS