Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:19626 CRL.P No. 7564 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7564 OF 2025 BETWEEN:
MANJUNATH G S/O GANGAIAH AGED ABOUT 46 YEARS RESIDING AT NO.561 8TH MAIN, 4TH CROSS ATTUR LAYOUT, YELAHANKA BENGALURU - 560 064. …PETITIONER (BY SRI MADHUMALATHI S, ADV.) AND:
1.
STATE OF KARNATAKA BY
SHO, YELAHANKA NEW TOWN P.S BENGALURU - 560 064 REPTD.BY GOVT.PLEADER HIGH COURT BUILDING BANGALORE - 560 001.
2.
NANDISH KUMAR N S/O NARSIYAPPA AGED ABOUT 30 YEARS R/O NO.246, 3RD MAIN 3RD CROSS, ATTUR LAYOUT YELAHANKA NEW TOWN BENGALURU - 560 064. …RESPONDENTS (BY SMT. ASMA KOUSER, ADDL. SPP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL DIRECTING THE
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:19626 CRL.P No. 7564 of 2025
RESPONDENT POLICE TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.0166/2025 FOR ALLEGED OFFENCES U/S 109(1), 115(2), 189(2), 190, 191(2), 191(3), 351(2), 352 R/W 3(5) OF BNS, REGISTERED BY THE RESPONDENT POLICE/YELLAHANKA NEW TOWN P.S, BENGALURU NOW PENDING ON THE FILE OF HONBLE 7TH ACJM COURT, BENGALURU.
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.5 in Crime No.166/2025 registered by Yelahanka New Town Police Station, Bengaluru, for the offences punishable under Sections 109(1), 115(2), 189(2), 190, 191(2), 191(3), 351(2) and 352 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.166/2025 was registered by the Yelahanka New Town Police Station, Bengaluru, against Ravi RX and four others for the aforesaid offences on the basis of first information dated 14.04.2025 received from Nandish Kumar N, who is the injured victim in the present case. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.3327/2025
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HC-KAR NC: 2025:KHC:19626 CRL.P No. 7564 of 2025
before the jurisdictional Sessions Court, which was rejected on
02.05.2025. Therefore, he is before this Court.
4.
Learned counsel for the petitioner submits that there is no allegation against the petitioner about assaulting the injured victim in the present case. Petitioner has no other criminal antecedents. Accused No.3 has been granted regular bail by this Court in Crl.P.No.6586/2025. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP who has opposed the bail petition submits that the injured victim has suffered grievous injuries in the present case. Investigation of the case is under progress. Accordingly, she prays to dismiss the petition. 6. A perusal of the material which is made available to this Court by learned counsel for the petitioner would go to show that in respect of the alleged incident that had taken place on 13.04.2025, a case and counter case has been registered by the Yelahanka New Town Police Station in Crime No.165/2025 and Crime No.166/2025. Nandish Kumar N, who
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HC-KAR NC: 2025:KHC:19626 CRL.P No. 7564 of 2025
is the first informant in Crime No.166/2025 is allegedly arraigned as accused No.4 in Crime No.165/2025. Remand application in Crime No.165/2025 would reveal that accused No.4/Nandish Kumar is a person with criminal antecedents having three criminal cases registered against him. In the present case, allegation of assaulting Nandish Kumar with cricket bat is only as against accused No.1 Ravi RX. Insofar as the petitioner is concerned, there is no allegation that he had assaulted the injured in the present case with any weapon. It is not in dispute that petitioner has no other criminal antecedents. Accused No.3, who was arrested in the present case has been enlarged on bail by this Court in Crl.P.No.6586/2025 disposed of on 04.06.2025. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:-
7. 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.166/2025 registered by Yelahanka New Town Police Station,
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HC-KAR NC: 2025:KHC:19626 CRL.P No. 7564 of 2025
Bengaluru, for the offences punishable under Sections 109(1), 115(2), 189(2), 190, 191(2), 191(3), 351(2) and 352 of BNS, 2023, subject to the following conditions:
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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. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE
DN