- 1 - HC-KAR NC: 2025:KHC:19798 CRL.P No. 7371 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7371 OF 2025 BETWEEN: PRATHAP KUMAR C.R. S/O C.N. RAMALINGAIAH AGED ABOUT 46 YEARS R/AT CHOLENAHALLI VILLAGE DEVALAPURA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 432. …PETITIONER (BY SRI CHANDRASHEKAR, K.A, ADV.) AND: THE STATE OF KARNATAKA BY THE POLICE OF NAGAMANGALA RURAL POLICE STATION NAGAMANGALA TALUK, MANDYA DISTRICT -571 432, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO PASS THE ORDER, GRANT HIM ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.43/2025 OF NAGAMANGALA RURAL POLICE STATION, MANDYA DISTRICT, NOW PENDING ON THE FILE OF THE LEARNED ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, NAGAMANGALA FOR THE OFFENCE P/U/S 189(2), 126(2), 352, 115(2), 74, 118(2), 109, 351(2) AND 190 OF BNS 2023. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19798 CRL.P No. 7371 of 2025 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.43/2025 registered by Nagamangala Rural Police Station, Mandya District, for the offences punishable under Sections 189(2), 126(2), 352, 115(2), 74, 118(2), 109, 351(2), 190 of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.43/2025 was registered by Nagamangala Rural Police Station, Mandya District, for the aforesaid offences against the petitioner and four others based on the first information submitted on 27.03.2025 by the victim girl - Nethravathi. Apprehending arrest in the case, petitioner had filed Crl. Misc. No.311/2025 before the jurisdictional Sessions Court, which was rejected against him on 02.05.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:19798 CRL.P No. 7371 of 2025 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that the victim girl was treated as outpatient in the present case and she has suffered only minor injury on her lips as a result of the alleged assault. Petitioner has no other criminal antecedents. Accused nos.2 & 3 have been granted anticipatory bail and accused nos.4 & 5 who were arrested have been granted regular bail. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP has opposed the petition on the ground that specific allegation of assault on the injured victim is only against the petitioner and the injured victim has suffered grievous injury. Accordingly, she prays to dismiss the petition. 6. In the first information, it is averred that, on 26.03.0225 at about 8.00 p.m., the accused persons allegedly had assaulted the brothers of the first informant, and therefore, her brothers had gone to Nagamangala Police Station to report about the incident. The accused persons in the present case allegedly thereafter came near the house of the first informant - 4 - HC-KAR NC: 2025:KHC:19798 CRL.P No. 7371 of 2025 and after quarreling with the inmates of the house, accused no.1 allegedly picked up a stone lying nearby and tried to assault on the head of the first informant. When the first informant tried to escape his blow, the stone allegedly hit on her lips and as a result, she suffered injuries. When she raised a cry, the accused persons left the spot after criminally intimidating her and other inmates of her house. 7. Accused nos.2 & 3 have been granted anticipatory bail in the present case. Accused nos.4 & 5 who were arrested, have been granted regular bail. Undisputedly, the accused had arrived at the spot of crime unarmed and the allegation against accused no.1 is that he picked a stone which was lying on the ground and tried to assault the victim on her head. The wound certificate of the injured would go to show that she has suffered a lacerated wound on her upper lip. The medical records of the victim would go to show that she was treated as an outpatient for the aforesaid injuries. It is not in dispute that petitioner who is an agriculturist has no other criminal antecedents. Considering the aforesaid aspects of the matter, I am of the opinion that petitioner's prayer for grant of anticipatory bail - 5 - HC-KAR NC: 2025:KHC:19798 CRL.P No. 7371 of 2025 requires to be answered affirmatively. Accordingly, the following order: 8. 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.43/2025 registered by Nagamangala Rural Police Station, Mandya District, for the offences punishable under Sections 189(2), 126(2), 352, 115(2), 74, 118(2), 109, 351(2), 190 of BNS, 2023, subject to the following conditions: 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. - 6 - HC-KAR NC: 2025:KHC:19798 CRL.P No. 7371 of 2025 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK