- 1 - HC-KAR NC: 2025:KHC:25353 CRL.P No. 8470 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8470 OF 2025 BETWEEN: 1. SRI MALLESHA S/O LATE CHIKKUSAPPA AGED ABOUT 54 YEARS R/AT HOSA BADAVANE MADAHALLI GRAMA, BEERIHUNDI POST, MYSURU DISTRICT - 570 026. 2. SRI ANANDAKUMAR S/O MALLESHA AGED ABOUT 30 YEARS R/AT HOUSE NO.88, MARALAYANAKOPPALU VILLAGE, BANNIKUPPE POST MYSURU DISTRICT - 571 105. …PETITIONERS (BY SRI K.A. CHANDRASHEKARA, ADV.) AND: THE STATE OF KARNATAKA BY THE POLICE OF JAYAPURA POLICE STATION, MYSURU DISTRICT - 570 008 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO PASS THE ORDER GRANT THEM ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.75/2025 OF JAYAPURA POLICE STATION, MYSURU DISTRICT, NOW PENDING ON THE FILE OF THE LEARNED 13TH ADDL.CIVIL JUDGE AND JMFC, MYSURU REGISTERED FOR THE OFFENCE P/U/S 126(2), 118(2), 74, 352, 351(3) AND 3(5) OF BNS. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25353 CRL.P No. 8470 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 Accused Nos.1 and 2 in Crime No.75/2025 registered by Jayapura Police Station, Mysuru District for the offences punishable under Sections 126(2), 118(2), 74, 352, 351(3) r/w 3(5) of BNS, 2023 are before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.75/2025 was registered by Jayapura Police Station, Mysuru District against the petitioners herein on the basis of the first information dated 17.05.2025 received from Sri Suresh S/o late Chikkusappa. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.807/2025, which was - 3 - HC-KAR NC: 2025:KHC:25353 CRL.P No. 8470 of 2025 rejected on 13.06.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that, accused No.1 and the injured victim are direct brothers. It appears that there is a civil dispute between them and the same is pending in O.S.No.605/2025 before the jurisdictional Court. On the alleged date of incident, accused No.1 and his son accused No.2 were plucking mangoes on the property in dispute and the first informant and his wife had questioned the same. It is alleged that thereafter accused Nos.1 and 2 allegedly abused the first informant and his wife and assaulted them with weapon and as a result, the first informant and his wife suffered grievous injuries. 5. Perusal of the first information would go to show that, allegation of assaulting the first informant Suresh and his wife Sundramma with a weapon on their - 4 - HC-KAR NC: 2025:KHC:25353 CRL.P No. 8470 of 2025 head and hands is as against accused No.1. The corresponding grievous injuries suffered by the first informant and his wife appears to be as a result of assault made by accused No.1. 6. Learned counsel for the petitioners has made a submission that the petition as against accused No.1 may be dismissed as not pressed with liberty to accused No.1 to surrender before the jurisdictional Court and file necessary application seeking regular bail. The said submission is placed on record. 7. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by petitioner No.2/accused No.2 for grant of anticipatory bail is required to be answered affirmatively. 8. Accordingly, the following: ORDER The Criminal Petition is partly allowed. - 5 - HC-KAR NC: 2025:KHC:25353 CRL.P No. 8470 of 2025 Criminal Petition is dismissed as not pressed as against petitioner No.1 / accused No.1 with liberty to accused No.1 to surrender before the jurisdictional Court and file necessary application seeking regular bail. Criminal petition is allowed insofar as it relates to petitioner No.2 / accused No.2. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner No.2/accused No.2 in the event of his arrest in Crime No.75/2025 registered by Jayapura Police Station, Mysuru District for the offences punishable under Sections 126(2), 118(2), 74, 352, 351(3) r/w 3(5) of BNS, 2023 subject to the following conditions: 1. The petitioner No.2 / accused No.2 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. - 6 - HC-KAR NC: 2025:KHC:25353 CRL.P No. 8470 of 2025 2. The petitioner No.2 / accused No.2 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner No.2 / accused No.2 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 No.2 / accused No.2 shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS