- 1 - NC: 2025:KHC:18321 CRL.P No. 6872 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 6872 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: SRI. S. NITHISH S/O SATHISH KUMAR, AGED ABOUT 19 YEARS, R/OF: NO.26, 2ND CROSS, PATELAPPA LAYOUT, NAGASHETTYHALLI, BANGALORE - 560 094. …PETITIONER (BY SRI. PRAVEEN HEGDE, ADVOCATE) AND: STATE OF KARNATAKA BY SANJAYANAGARA POLICE, SANJAYANAGARA, BANGALORE, REPRESENTED BY: THE OFFICE OF THE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING,BANGALORE. …RESPONDENT (BY SMT. WAHEEDA M M., HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.5, IN CRIME NO.70/2025 FILED BY THE SANJAY NAGAR POLICE U/S 4 AND 25(1B) (b) OF THE ARMS ACT AND SECTION 189(4), 190 AND 270 OF THE BNS PENDING ON THE FILE OF THE HONORABEL VIII ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18321 CRL.P No. 6872 of 2025 CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER This petition is filed by the accused seeking for anticipatory bail in Crime No.70/2025, registered by the Sanjay Nagar Police Station for the offences punishable under Sections 4 and 25(1B) (b) of the Arms Act and section 189(4), 190 and 270 of the BNS,2023. 2. The factual matrix of the case: It is the case of the prosecution that the PSI of the respondent police registered a case against the eight to ten unknown persons who were holding the long machete and also other lethal weapons in their hands and quarrelling in the public road by creating nuisance in the area. 3. Based on the CCTV footage, they arrested some of the accused. The present petitioner is accused No.5. The petitioner is seeking bail stating that he has been in judicial custody from 20.04.2025. - 3 - NC: 2025:KHC:18321 CRL.P No. 6872 of 2025 3. Heard Sri. Praveen Hegde, 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 learned counsel for the petitioner that the petitioner is innocent of the alleged offences and he is aged about 19 years. There is no overt- act against him. He being a student has not committed any offence as alleged in the complaint. 5. It is further submitted that the petitioner is undertaking the abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, the learned counsel for the petitioner pays to allow the petition. 6. Per contra, learned High Court Government Pleader vehemently opposed the said submissions and he further submitted that the petitioner along with others committed serious breach of peace. The petitioner is one of the associates of another accused viz., accused No.4. There was a gang war between the two groups. The - 4 - NC: 2025:KHC:18321 CRL.P No. 6872 of 2025 petitioner being one of the accused in this said group. Therefore, he is not entitled for bail. Making such submissions, she prays to dismiss the petition. 4. Having heard the learned counsel for the respective parties and also perused the averments of the FIR and remand application, it appears that the name of the petitioner finds a place in the remand application. Though it is alleged that the petitioner and others who were holding the lethal weapons in their hands and they were shouting in the road by quarreling with opposite gang, the facts remain that the entire episode has been written by the complainant on the strength of CCTV footage. No overt-act has been attributed against the petitioner. Therefore, it is appropriate to grant bail. 5. Hence, I proceed to pass the following: ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.70/2025 of the respondent – Police, pending on the - 5 - NC: 2025:KHC:18321 CRL.P No. 6872 of 2025 file of VIII Additional Chief Judicial Magistrate at Bangalore, on executing 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 Trial Court, subject to the following conditions: a) The petitioner shall co-operate with the investigation as and when it is required till filing of the charge sheet. b) The petitioner shall appear before the Trial Court on all dates of hearing without fail. c) The petitioner shall not threaten nor tamper the prosecution witnesses. d) The Registry is directed to communicate this order to the Trial Court forthwith. In case, if the petitioner 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 SMC List No.: 1 Sl No.: 42,CT:SK