- 1 - HC-KAR NC: 2025:KHC:25338 CRL.P No. 9286 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. 9286 OF 2025 BETWEEN: 1. MARUTHI C S/O CHANGALARAYAPPA AGED ABOUT 24 YEARS R/AT K.H.B. COLONY, SWAMY VIVEKANANDA NAGARA HOSKOTE, BENGALURU RURAL DISTRICT BENGALURU - 562 114. 2. D. SUNIL S/O D. NARAYANAPPA AGED ABOUT 23 YEARS R/AT DIGUVA GANDARVA MAKKULAPALLI, ENKATAGIRIKOTA CHITTORE DISTRICT, PIN - 517 424 ANDHRA PRADESH AND ALSO PRESENTLY AT NEAR FATHIMA CONVENT SCHOOL KANNUAHALLI ROAD, HOSKOTE BENGALURU RURAL DISTRICT - 562 123. …PETITIONERS (BY SRI VINOD N, ADV.) AND: STATE BY HOSKOTE P.S BANGALORE RURAL REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25338 CRL.P No. 9286 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE ANTICIPATORY BAIL TO PETITIONER I.E., ACCUSED NO.2 AND 3 IN CRIME NO.139/2025 PENDING ON THE FILE OF THE COURT OF PRL.CIVIL JUDGE (SR.DN.) AND CJM COURT, HOSKOTE BANGALORE RURAL DISTRICT REGISTERED FOR THE OFFENCES P/U/S. 115(2), 118(1), 119(1), 189(2), 190, 352 BNS, REGISTERED BY THE HOSAKOTE PS. 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.2 & 3 in Crime No.139/2025 registered by Hosakote Police Station, Bengaluru District, for the offences punishable under Sections 115(2), 118(1), 119(1), 189(2), 190, 352 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.139/2025 was registered by Hosakote Police Station, Bengaluru District, for the aforesaid offences against Shivakumar and others based on the first information dated 21.05.2025 submitted by Santosh.R who is the alleged victim in the present case. Apprehending arrest in the case, petitioners who are accused nos.2 & 3 had filed Crl. Misc. No.997/2025 before the jurisdictional Sessions Court, which - 3 - HC-KAR NC: 2025:KHC:25338 CRL.P No. 9286 of 2025 was rejected on 25.06.2025. Therefore, they are before this Court. 4. Perusal of the averments made in the first information would go to show that first informant and accused no.1 are acquainted to each other. On 21.05.2025, accused no.1 allegedly had asked the first informant to send him non-veg lunch that was prepared on the occasion of festival in their village. Accordingly, first informant had sent him non-veg luch on 21.05.2025. On the same day at about 7.00 p.m., first informant had met accused no.1 near Nandashree Kalyana Mantap and accused no.1 allegedly quarreled him for no reason and thereafter assaulted him. Accused no.1's friends who were present along with him also, had assaulted the first informant, and thereafter, it is alleged that accused persons snatched two gold chains from the first informant and escaped. 5. From a reading of the first information, it appears that the offence punishable under Section 119(1) of BNS, 2023, has been wrongly invoked in the present case. So far as the other offences are concerned, the maximum punishment for the said offences is imprisonment for a period of three years. It is not in - 4 - HC-KAR NC: 2025:KHC:25338 CRL.P No. 9286 of 2025 dispute that petitioners have no criminal antecedents. They have undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that petitioners' prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 6. 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 their arrest in Crime No.139/2025 registered by Hosakote Police Station, Bengaluru District, for the offences punishable under Sections 115(2), 118(1), 119(1), 189(2), 190, 352 of 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/- each with two sureties 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. - 5 - HC-KAR NC: 2025:KHC:25338 CRL.P No. 9286 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 KK