- 1 - HC-KAR NC: 2025:KHC:25746 CRL.P No. 8649 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8649 OF 2025 BETWEEN: 1. PRADEEP M.B., S/O BORAIAH, AGED ABOUT 38 YEARS, 2. M.B. JAGADISH, S/O LATE BORAIAH, AGED ABOUT 48 YEARS, 3. M.G.PUTTASWAMY, S/O GANTAIAH, AGED ABOUT 47 YEARS, PETITIONER NO.1 TO PETITIONER 3 ARE RESIDENTS OF MARADIPURA VILLAGE, DUDDA HOBLI, MANDYA TALUK, MANDYA – 571 812. …PETITIONERS (BY SRI. RAJU C.N., ADVOCATE) AND: STATE BY MANDYA RURAL POLICE, MANDYA. REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, BANGALORE – 560 001. …RESPONDENT (BY SMT.ASMA KAUSER, ADDL. S.P.P.,) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25746 CRL.P No. 8649 of 2025 THIS CRL.P. IS FILED U/S 438 OF CR.P.C., (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON AN ANTICIPATORY BAIL IN CR.NO.167/2025 OF MANDYA RURAL POLICE, MANDYA ON THE FILE OF JMFC COURT MANDYA FOR THE O/P/U/S 189(2), 191(2), 191(3), 126(2), 118(1), 115(2) 119(1), 352, 190, 351(2), AND 351(3) OF THE BNS BY ALLOWING THIS PETITION. 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. 6, 7 and 11 in Cr.No.167/2025 registered by the Mandya Rural Police Station, Mandya for the offences punishable under Sections 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 119(1), 352, 351(2), 351(3), 190 of the Bharatiya Nyaya Sanhita (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:25746 CRL.P No. 8649 of 2025 3. FIR in Crime No.167/2025 was registered by Mandya Rural Police Station, Mandya for the aforesaid offences against the petitioners and others, based on the first information dated 28.04.2025 received from one Shivakumar.M.S., one of the injured victim in the present case. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.391/2025 before the Jurisdictional Sessions Court which was rejected on 28.05.2025. Therefore, petitioners are before this Court. 4. Perusal of the material on record would go to show that though the alleged incident had taken place on 26.04.2025 at about 21:00 hrs, FIR is belatedly submitted on 28.04.2025 at about 19:00 hrs, which is after delay of nearly 46:00 hrs. In the FIR it is stated that after the incident in question had taken place on 26.04.2025 at 21:00 hrs, the victims had called the police who came to the alleged spot of incident and rescued them. - 4 - HC-KAR NC: 2025:KHC:25746 CRL.P No. 8649 of 2025 5. In view of the said statement made by the first informant, explanation for delay in approaching the police becomes difficult to be believed. 6. Learned HCGP appearing for the respondent- State has fairly submitted that the victims have suffered simple injuries in the incident. 7. The material on record would go to show that in respect of the alleged incident a counter complaint was also lodged and it is registered as NCR case. It is further submitted that accused Nos.2 and 5 who are arrested in the present case have been granted bail by the jurisdictional Magistrate. 8. Undisputedly, petitioners have no criminal antecedents and they have undertaken to cooperate with the police for the purpose of further investigation. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC:25746 CRL.P No. 8649 of 2025 ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of his arrest in Crime No.167/2025 registered by Mandya Rural Police Station, Mandya for the offences punishable under Sections 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 119(1), 352, 351(2), 351(3), 190 of the Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions: 1. The Petitioners 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/- (Rupees One Lakh only) with two sureties each for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 6 - HC-KAR NC: 2025:KHC:25746 CRL.P No. 8649 of 2025 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The Petitioners shall not involve in similar offences in future. SD/- (S VISHWAJITH SHETTY) JUDGE RKA List No.: 1 Sl No.: 66