- 1 - HC-KAR NC: 2025:KHC:25309 CRL.P No. 8549 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8549 OF 2025 BETWEEN: SRI AKSHAY C.P S/O CR PRAKASH AGED ABOUT 28 YEARS R/O RAMASHANKARA COMPLEX NEHRU ROAD, CHIKMAGALUR DIST - 577 101. …PETITIONER (BY SRI MOIDEEN ARAFAT, ADV.) AND: STATE OF KARNATAKA BY BASAVANAHALLI POLICE STATION, REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL U/S 482 OF BNSS/ SEC 438 OF CRPC, IN THE EVENT OF THEIR ARREST, IN CONNECTION WITH CR.NO.110/2023 REGISTERED BY BASAVANAHALLI POLICE ON THE FILE ADDL.CIVIL JUDGE (JR.DN) AND JMFC CHIKMAGALUR, FOR THE OFFENCES P/U/S 341, 120B, 307, 115, 34 OF IPC 1860. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25309 CRL.P No. 8549 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.6 in Crime No.110/2023 registered by Basavanahalli Police Station, Chikkamagaluru, for the offences punishable under Sections 143, 144, 147, 341, 115, 120B, 506, 307 and 149 of IPC, is before this Court under Section 438 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.110/2023 was registered by Basavanahalli Police Station, Chikkamagaluru, for the offences punishable under Sections 341, 115, 120B, 307 and 34 of IPC against one Chittu Nadeem and others based on the first information dated 03.09.2023 submitted by Mohammed Ibrahim, who is the injured victim in the present case. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.212/2024 before the jurisdictional Sessions Court which was rejected on 16.04.2024. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:25309 CRL.P No. 8549 of 2025 4. Learned counsel for the petitioner submits that allegation against accused No.1 to 6 in the charge sheet is similar. Accused No.1 has been granted anticipatory bail by the Co- ordinate Bench of this Court in Crl.P.No.14122/2024. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. Perusal of the material on record would go to show that name of the petitioner is not found in the FIR. During the course of investigation, some of the accused were arrested and after completing investigation, charge sheet has been filed against seven persons. Petitioner is arraigned as accused No.6 in the charge sheet. In the charge sheet, it is alleged that at the instance and instigation of accused Nos.1 and 6, accused Nos.2 to 5 and accused No.7 had allegedly assaulted the injured victim with deadly weapons causing grievous injuries. Accused Nos.1 and 6 were undisputedly not present at the spot of crime. Accused No.1 as against whom similar allegations is found in the charge sheet has been granted anticipatory bail by the Co-ordinate Bench of this Court in Crl.P.No.14122/2024 disposed of on 06.02.2025. Therefore, the prayer made by the - 4 - HC-KAR NC: 2025:KHC:25309 CRL.P No. 8549 of 2025 petitioner has to be answered affirmatively on the ground of parity. 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.110/2023 registered by Basavanahalli Police Station, Chikkamagaluru, for the offences punishable under Sections 143, 144, 147, 341, 115, 120B, 506, 307 and 149 of IPC, subject to the following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with a surety for the likesum. b) He shall furnish proof of his residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. c) He shall co-operate with the investigation of the case. - 5 - HC-KAR NC: 2025:KHC:25309 CRL.P No. 8549 of 2025 d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (S VISHWAJITH SHETTY) JUDGE DN