- 1 - HC-KAR NC: 2025:KHC:25594 CRL.P No. 8533 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8533 OF 2025 BETWEEN: JAYANTH R S/O RAVI M AGED ABOUT 28 YEARS R/O 2nd CROSS, MEHABOOB NAGAR NEAR OM SHAKTHI TEMPLE, SHIMOGA PIN - 577 201. …PETITIONER (BY SRI MALATESH H, ADV.) AND: THE STATE THROUGH THE SUB INSPECTOR POLICE TUNGA NAGAR POLICE STATION, SHIVAMOGGA DISTRICT (REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 01) …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL TO THE PETITIONER, IN REJECTION OF THE BAIL PETITION ON 09.06.2025 IN CRL.MISC NO.524/2025 BY THE II ADDL.DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, IN CONNECTION WITH THE CRIME NO.75/2025 OF TUNGA NAGAR POLICE STATION, SHIVAMOGGA DISTRICT AND PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN) AND JMFC-3 COURT, SHIVAMOGGA DISTRICT FOR THE OFFENCES P/U/S 138, 109, 115(2), 352, 351(2), 311 OF BNS 2023. 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:25594 CRL.P No. 8533 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.5 in Crime No.75/2025 registered by Tunga Nagar Police Station, Shivamogga for the offences punishable under Sections 138, 109, 115(2), 352, 351(2) & 311 of BNS, 2023 is before this Court seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.75/2025 was registered by Tunga Nagar Police Station, Shivamogga District against Iliyaz and others for the aforesaid offences on the basis of first information dated 15.02.2025 received from Sri Shahid Fazal S/o Abbas Sab (CW.1). Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.524/2025, which was rejected on 09.06.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that, the petitioner's name is not found in the FIR. - 3 - HC-KAR NC: 2025:KHC:25594 CRL.P No. 8533 of 2025 During the course of investigation, accused No.1, 2 and 6 were arrested. After completing investigation, charge sheet has been filed against six persons and the petitioner herein is arraigned as accused No.5 in the charge sheet. 5. As per charge sheet allegation, CW.1-Shahid Fazal and CW.2 - Bibi Aaisha had gone to a hotel for having lunch carrying a beer bottle. Accused Nos.1 to 4, who were present in the hotel allegedly took the beer bottle and also recorded video of CW.1 and CW.2 and thereafter took CW.1 and CW.2 along with them in a auto rikshaw and after assaulting them allegedly demanded money from them with a threat that they would be circulating the video of CW1 and CW.2. 6. It is alleged in the charge sheet that accused had snatched a sum of Rs.24,500/- from the vanity bag of CW.2 and an amount of Rs.1,500/- was transferred via phone to the account of accused No.1 through phone pay and accused Nos.1 to 4 had released CW.1 and CW.2 after demanding payment of money. CW.1 had thereafter gone - 4 - HC-KAR NC: 2025:KHC:25594 CRL.P No. 8533 of 2025 to meet accused No.1 along with CW.3 with a sum of Rs.6,000/- and accused No.1 allegedly had demanded a sum of Rs.1,50,000/-. Accused Nos.5 and 6 were allegedly present along with accused No.1 when CW.1 had gone to meet accused No.1 along with CW.3. 7. It is alleged in the charge sheet that accused Nos.5 and 6, who were present along with accused No.1 allegedly assaulted CW.1 with hands and when CW.3 tried to interfere even he was assaulted with hands by accused Nos.5 and 6. Accused No.6 has been granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.481/2025 and accused No.2 has been granted regular bail by the jurisdictional Court in Crl.Misc.480/2025. 8. It is not in dispute that the petitioner has no criminal antecedents. Considering the allegation found against him in the charge sheet, I am of the opinion that, the petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. - 5 - HC-KAR NC: 2025:KHC:25594 CRL.P No. 8533 of 2025 9. 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 his arrest in Crime No.75/2025 registered by Tunga Nagar Police Station, Shivamogga District for the offences punishable under Sections 138, 109, 115(2), 352, 351(2) & 311 of BNS, 2023 subject to the following conditions: 1. The petitioner 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) with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 6 - HC-KAR NC: 2025:KHC:25594 CRL.P No. 8533 of 2025 3. The 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 NMS