- 1 - HC-KAR NC: 2025:KHC:26177 CRL.P No. 8864 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8864 OF 2025 BETWEEN: 1. D.N.SRINATH JOIS, S/O LATE D.NARAYAN AGED ABOUT 51 YEARS AGRICULTURIST R/O BEDANABYLU, NIJAGURU VILLAGE, THIRTHAHALLI TALUK-577432, SHIVAMOGGA DISTRICT. 2. D.ATAL JOIS S/O CHAND VIJI AGED ABOUT 25 YEARS AGRICULTURIST R/O DARALAGODU, HIRESARA VILLAGE, THIRTHAHALLI TALUK-577432, SHIVAMOGGA DISTRICT. 3. PRAMOD B.K. S/O KRISHNAMURTHY AGED ABOUT 31 YEARS AGRICULTURAL COOLIE, R/O BEDANABYLU, NIJAGURU VILLAGE, THIRTHAHALLI TALUK-577432, SHIVAMOGGA DISTRICT. …PETITIONERS (BY SRI. DEVIPRASAD SHETTY, ADVOCATE) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26177 CRL.P No. 8864 of 2025 AND: 1. THE STATE BY THIRTHAHALLI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 563124 …RESPONDENT (BY SMT. RASJMI PATEL, HCGP FOR R1; SRI. VIVEK SUBBAREDDY, SR. COUNSEL FOR SRI. H.R.SHOWRI, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 438 CR.P.C. (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.172/2025 DATED 06.06.2025 REGISTERED BY THIRTHAHALLI P.S. PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DIVISION) AND JMFC COURT, THIRTHAHALLI, SHIVAMOGGA DISTRICT FOR THE OFFENCE P/U/S. 189(3), 189(4), 191(2), 118(1), 109, 352, 351(2) R/W 190 OF BNS ACT, 2023. 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 3 in Crime No.172/2025 registered by Thirthahalli Police Station, Shivamogga District, for the offences punishable under Sections 189(3), 189(4), 191(2), 118(1), - 3 - HC-KAR NC: 2025:KHC:26177 CRL.P No. 8864 of 2025 109, 352, 351(2), 190 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. FIR in Crime No.172/2025 was registered by Thirthahalli Police Station, Shivamogga District, for the aforesaid offences against Shrinath Jois and others based on the first information dated 06.06.2025 received from the injured victim - Madhukar R.Mayya. Apprehending arrest in the case, petitioners had filed Crl. Misc. No.549/2025 before the jurisdictional Sessions Court, which was rejected on 21.06.2025. Therefore, they are before this Court. 4. Learned Counsel for the petitioners submits that first informant is in the habit of forwarding false and defamatory messages relating to the mother of accused no.2 in social media. It is under these circumstances, the alleged incident had taken place. First informant has not suffered grievous injuries in the incident in question. Petitioners do not have criminal antecedents. They are ready and willing to cooperate - 4 - HC-KAR NC: 2025:KHC:26177 CRL.P No. 8864 of 2025 with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP and the learned Senior Counsel appearing for the defacto complainant have opposed the petition. They submit that the incident in question has taken place outside the court when the first informant who is a practicing advocate came out of the court premises. Assault has been made on the head of the victim which would prima facie go to show that the accused had an intention to commit the murder of the first informant. They accordingly pray to dismiss the petition. 6. In the first information which is submitted by the victim, he has stated that on 06.06.2025 at about 3.50 p.m., when he was coming out from the court premises in his two wheeler, the accused persons came in a four wheeler and all of a sudden stopped the said vehicle in front of his two wheeler and accused nos.1, 2 and others who got down from the said vehicle armed with weapons assaulted him with deadly weapons. Immediately, he ran away from the spot and the accused persons allegedly chased him and subsequently his friend - 5 - HC-KAR NC: 2025:KHC:26177 CRL.P No. 8864 of 2025 shifted him to a hospital, wherein he was admitted as an inpatient. 7. Learned HCGP, on instructions has submitted that allegation of assaulting accused no.1 on his head with a baseball bat is as against accused no.1. Undisputedly, the first informant victim has suffered only simple injuries in the incident in question. However, since assault was made on the head of the victim with a baseball bat, so far as accused no.1 is concerned who allegedly has made the said assault, his prayer for grant of anticipatory bail requires to be rejected. 8. So far as the other accused persons are concerned, though there is an allegation against them about assaulting the injured victim, the said allegation appears to be omnibus in nature and there is no allegation of assault by the said accused on the vital part of the body of the first informant. Under the circumstances, I am of the opinion that prayer made petitioner no.1/accused no.1 requires to be rejected, while the prayer made by petitioner nos.2 & 3/accused nos.2 & 3 for grant of anticipatory bail requires to be answered affirmatively. Accordingly, the following order: - 6 - HC-KAR NC: 2025:KHC:26177 CRL.P No. 8864 of 2025 9. Petition is allowed in part. Petition is dismissed as against petitioner no.1/accused no.1. Petition is allowed as against petitioner nos.2 & 3/accused nos.2 & 3. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner nos.2 & 3/accused nos.2 & 3 in the event of their arrest in Crime No.172/2025 registered by Thirthahalli Police Station, Shivamogga District, for the offences punishable under Sections 189(3), 189(4), 191(2), 118(1), 109, 352, 351(2), 190 of BNS, 2023 , subject to the following conditions: 1. Petitioner nos.2 & 3/accused nos.2 & 3 shall appear before the Investigating Officer within a period of two weeks 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. Petitioner nos.2 & 3/accused nos.2 & 3 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner nos.2 & 3/accused nos.2 & 3 shall not tamper with the prosecution witness and they - 7 - HC-KAR NC: 2025:KHC:26177 CRL.P No. 8864 of 2025 shall co-operate with the police for investigation and appear before them whenever called upon. 4. Petitioner nos.2 & 3/accused nos.2 & 3 shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK List No.: 1 Sl No.: 59