- 1 - HC-KAR NC: 2025:KHC:23738 CRL.P No. 8165 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. 8165 OF 2025 BETWEEN: 1. SHAMBHU @ SHAMBE GOWDA S/O SIDDE GOWDA AGED ABOUT 28 YEARS, OCCUPATION: COOLIE 2. CHANDAN A S S/O SOME GOWDA AGED ABOUT 26 YEARS OCCUPATION COOLIE 3. CHETHAN A S S/O SOME GOWDA AGED ABOUT 26 YEARS OCCUPATION COOLIE 4. SIDDAIAH @ ANNAPPA S/O DANIYA SIDDAIAH AGED ABOUT 69 YEARS OCCUPATION COOLIE ALL ARE R/O IGGALURU VILLAGE VIRUPAKSHAPURA HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT-562 156 …PETITIONERS (BY SRI JAI PRAKASH REDDY M, ADV.) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23738 CRL.P No. 8165 of 2025 AND: STATE OF KARNATAKA BY THE STATION HOUSE OFFICER AKKUR POLICE STATION CHANNAPATNA TALUK RAMANAGARA DISTRICT-562 159 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE -560 001 …RESPONDENT (BY SMT. ASMA KAUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN CASE OF THE PETITIONERS BEING ARRESTED IN CR.NO.65/2025 FOR THE OFFENCE P/U/S 54,118(1),115(2),352,351(2) R/W 3(5),76 OF BNSS ACT REGISTERED BY IGGALURU P.S ON THE FILE OF SR.CIVIL JUDGE AND J.M.F.C CHANNAPATNA. 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 nos.1 to 4 in Crime No.65/2025 registered by Akkur Police Station, Ramanagara District, for the offences punishable under Sections 115(2), 118(1), 351(3), 352, 54, 76, 3(5) of BNS, 2023, are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. - 3 - HC-KAR NC: 2025:KHC:23738 CRL.P No. 8165 of 2025 3. FIR in Crime No.65/2025 was registered by Akkur Police Station, Ramanagara District, for the aforesaid offences against the petitioners herein based on the first information dated 02.05.2025 received from Nagaraju who is one of the victim in the present case. Apprehending arrest in the case, petitioners had filed Crl. Misc. No.452/2025 before the jurisdictional Sessions Court, which was rejected on 05.06.2025. Therefore, they are before this Court. 4. Learned Counsel for the petitioners submits that the allegation of assaulting the injured victims with a weapon is as against accused no.1 who is a person with criminal antecedents. Therefore, petition as against accused no.1 may be dismissed as not pressed. He submits that accused nos.2 to 4 do not have any criminal antecedents and the injuries suffered by the victims corresponding to the assault made by the other accused are all simple in nature. Accordingly, he prays to allow the petition as against accused nos.2 to 4. 5. Per contra, learned Addl. SPP has opposed the petition. - 4 - HC-KAR NC: 2025:KHC:23738 CRL.P No. 8165 of 2025 6. Perusal of the averments found in the first information would go to show that the incident in question had taken place on 01.05.2025 between two parties who had ill-will against each other. In the first information, it is alleged that accused no.1 had assaulted one Puttegowda, accused no.2 had assaulted Prakash and accused no.3 had assaulted Nagaraju. It is also alleged that accused no.2 had allegedly misbehaved with the sister-in-law of the first informant and tried to outrage her modesty. 7. Though the prosecution was granted sufficient opportunity to produce the wound certificate of the victims in the present case, the prosecution has failed to produce the wound certificate of the victims. Learned Counsel for the petitioners has submitted that victims have suffered only simple injury in the incident in question. Undisputedly, accused nos.2 to 4 do not have any criminal antecedents. Learned Counsel for the petitioner has fairly submitted that accused no.1 is a person with criminal antecedents. Under the circumstances, I am of the opinion that the prayer made by accused nos.2 to 4/petitioner nos.2 to 4 for grant of - 5 - HC-KAR NC: 2025:KHC:23738 CRL.P No. 8165 of 2025 anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 8. Petition is allowed in part. Petition is dismissed as not pressed as against accused no.1/petitioner no.1. Petition is allowed as against accused nos.2 to 4/petitioner nos.2 to 4. The respondent - Police or any other police in the State of Karnataka are directed to release accused nos.2 to 4/petitioner nos.2 to 4 in the event of their arrest in Crime No.65/2025 registered by Akkur Police Station, Ramanagara District, for the offences punishable under Sections 115(2), 118(1), 351(3), 352, 54, 76, 3(5) of BNS, 2023, subject to the following conditions: 1. Accused nos.2 to 4/petitioner nos.2 to 4 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/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Accused nos.2 to 4/petitioner nos.2 to 4 shall regularly appear before the Trial Court without - 6 - HC-KAR NC: 2025:KHC:23738 CRL.P No. 8165 of 2025 fail unless exempted by the Trial Court for valid reasons. 3. Accused nos.2 to 4/petitioner nos.2 to 4 shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. Accused nos.2 to 4/petitioner nos.2 to 4 shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK