- 1 - NC: 2025:KHC:1812 CRL.P No. 12843 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 12843 OF 2024 BETWEEN: KUMAR A.S ALIAS BACHHAN, S/O LATE SHIVANNA, AGED ABOUT 41 YEARS, R/A NO. BANGARAMUKHI NILAYA, 2ND CROSS, OPP ANJANEYA TEMPLE, GIDADAKONENAHALLI , YASHVANTAPURA, BENGALURU - 560 091. …PETITIONER (BY SRI. DEENABANDHU RAI N, ADVOCATE) AND: THE STATE OF KARNATAKA BY RURAL POLICE STATION TUMKURU, NOW REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATIL, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF ARREST IN CR.NO.176/2022 NOW IN S.C.NO.36/2023 FOR OFFENCE P/US/ 143, 147, 120(b), 448, Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:1812 CRL.P No. 12843 of 2024 307, 504, 506, 149 OF IPC AND ARMS ACT, 1959 U/S 27 ON THE FILE OF TUMKURU RURAL POLICE STATION, TUMKURU, PENDING ON THE FILE OF HONBLE IV ADDL. DIST. AND SESSION JUDGE AT TUMAKUR IN THE ABOVE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner being accused No.1 is before this Court seeking grant of anticipatory bail in Crime No.176 of 2022 of Tumakuru Rural Police Station, pending in S.C.No.36 of 2023 on the file of the learned IV Additional District and Sessions Judge at Tumakuru registered for the offences punishable under Sections 143, 147, 120-B, 448, 307, 504, 506, 149 of Indian Penal Code (for short 'IPC') and Section 27 of the Arms Act, 1959 on the basis of the informant Lokesha AS. 2. Heard Sri. Deenabandhu Rai N., learned counsel for the petitioner and Smt. Rashmi Patel, learned High Court Government Pleader for the respondent-State. Perused the materials on record. - 3 - NC: 2025:KHC:1812 CRL.P No. 12843 of 2024 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the petitioner is entitled for grant of bail under Section 438 of Cr.P.C.?” My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S 4. The informant lodged the first information making specific allegations against accused No.1 stating that he being the brother of the complainant was having motive to commit the offence. It is stated that accused No.1 tried to assault the complainant with a long. But however, the complainant escaped from the fatal injuries being caused by the long. As per the wound certificate, the injured has not sustained any external injuries and there is reference to swelling in the left side temporal region, which is simple in nature. 5. The petitioner was apprehended in Cr.No.114/2022 of Kora Police Station and under body warrant he is produced in - 4 - NC: 2025:KHC:1812 CRL.P No. 12843 of 2024 Cr.No.176/2022 of Tumakuru Rural Police Station i.e., the present case. Therefore, the petitioner was available for the Investigating Officer for investigation. It is not the contention of prosecution that the petitioner is required for further investigation or for any other purpose, except to ensure his presence before the Trial Court. 6. Admittedly, the petitioner is released on bail in Cr.No.114/2022 of Kora Police Station and now he is seeking grant of anticipatory bail in the present case. The co-accused are already released either on bail or on anticipatory bail. Under such circumstances, I am of the opinion that the petitioner is also entitled for grant of anticipatory bail subject to conditions which will take care of the interest of the prosecution. 7. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER The petition is allowed. - 5 - NC: 2025:KHC:1812 CRL.P No. 12843 of 2024 The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No. 176 of 2022 of Tumakuru Rural Police Station, pending in S.C.No.36 of 2023 on the file of the learned IV Additional District and Sessions Judge at Tumakuru. The petitioner is directed to appear before the Investigating Officer within 15 days from the date of receipt of copy of this order and on his appearance, the Investigating Officer shall enlarge him on bail subject to the following conditions:- a. The petitioner shall furnish the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer; b. The petitioner shall not commit similar offences; c. The petitioner shall appear before the Investigating Officer or the court as and when required; and d. The petitioner shall not threaten or tamper the prosecution witnesses. - 6 - NC: 2025:KHC:1812 CRL.P No. 12843 of 2024 On furnishing the sureties by the petitioner, the Investigating Officer is at liberty to verify the correctness of the address and authenticity of the documents furnished by him. On satisfaction of the said documents, he may proceed to accept the sureties within a reasonable time. Sd/- (M G UMA) JUDGE MCR List No.: 2 Sl No.: 9 CT: BHK