- 1 - NC: 2025:KHC:7038 CRL.P No. 12880 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 12880 OF 2024 BETWEEN: 1. SRI KIRAN KUMAR S/O NAGARAJA AGED ABOUT 25 YEARS R/AT CHOWDESHWARI COLONY TARIKERE TOWN AND TALUK CHIKKAMAGALUR DISTRICT - 577 228 2. SRI VENKATESH S/O RAJANNA AGED ABOUT 27 YEARS R/AT VASAPPA COLONY TARIKERE TOWN AND TALUK CHIKKAMAGALUR DISTRICT - 577 228 3. SRI SANJAY T V S/O VENKATESH T Y AGED ABOUT 27 YEARS R/AT AKKANAGAMMA COLONY TARIKERE TOWN AND TALUK CHIKKAMAGALUR DISTRICT - 577 228 (AS PER CHARGE SHEET ACCUSED NO.5 IN C.C.NO.576/2024) …PETITIONERS (BY SRI. GADILINGAPPA G.M., ADVOCATE) AND: STATE OF KARNATAKA BY TARIKERE TOWN POLICE STATION CHIKKAMAGALURU DISTRICT - 577 228 (REPRESENTED BY LEARNED Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:7038 CRL.P No. 12880 of 2024 STATE PUBLIC PROSECUTOR) HIGH COURT BUILDING BENGALURU - 560 001 …RESPONDENT (BY SMT. K.P. YASHODHA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION TO ENLARGE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN C.C.NO.576/2024 (CR.NO.21/2024) OFFENCES PUNISHABLE UNDER SECTIONS 143, 144, 147, 323, 506, 324, 326, 307 READ WITH SECTION 149 OF IPC OF TARIKERE TOWN POLICE STATION, CHIKKAMAGALURU DISTRICT, WHICH IS PENDING BEFORE THE FILE OF LEARNED SENIOR CIVIL JUDGE AND JMFC AT TARIKERE, CHIKKAMAGALURU DISTRICT. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioners - accused Nos.1, 2 and 5 are before this Court seeking grant of anticipatory bail in Crime No.21 of 2024 of Tarikere Town Police Station, pending in CC No.576 of 2024 on the file of the learned Senior Civil Judge and JMFC at Tarikere, Chikkamagaluru District, registered for the offences punishable under Sections 143, 144, 147, 323, 506, 324, 326, 307 read with Section 149 of Indian Penal Code (for short - 3 - NC: 2025:KHC:7038 CRL.P No. 12880 of 2024 'IPC'), on the basis of the first information lodged by the informant Pradeep T N. 2. Heard Sri G M Gadilingappa, learned counsel for the petitioners and Smt K P Yashodha, learned High Court Government Pleader for the respondent-State. Perused the materials on record. 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 petitioners are 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 petitioners being accused Nos.1, 2 and 5 are seeking grant of anticipatory bail on the apprehension of being arrested. 5. The charge sheet came to be filed against accused Nos.1 to 5 for having committed the offences as stated above. - 4 - NC: 2025:KHC:7038 CRL.P No. 12880 of 2024 It is the specific contention of the prosecution that accused No.3 along with accused Nos.1 and 2 have assaulted the injured - CW1 with clubs. Accused No.3 criminally intimidated and also assaulted CW1 on his left and right shoulders. In the meantime, accused Nos.2, 4 and 5 assaulted him all over the body. 6. The injury certificate pertaining to the injured- Pradeep T.N. discloses that he had sustained two injuries. Injury No.1 being tenderness present over lower back is simple in nature, whereas injury No.2 i.e., left proximal tibia fracture is grievous in nature. The other injured-Archith had sustained three simple injuries. Admittedly, the injured have already discharged from the hospital and the matter is now pending for trial. The prosecution has cited as many as 22 witnesses to prove the guilt of the accused. Admittedly, the petitioners are not required for custodial interrogation, as the weapon used in commission of the offences is already recovered. 7. Even though the petitioners are shown as absconding in the charge-sheet and even though similar petition filed in Criminal Petition No.2944 of 2024 came to be - 5 - NC: 2025:KHC:7038 CRL.P No. 12880 of 2024 rejected, it is brought to the notice of the Court that accused No.3 who sought for grant of anticipatory bail is granted relief in Criminal Petition No.12263 of 2024 vide order dated 20.12.2024. When similar allegations are made against accused No.3 with that of these petitioners, there are no reasons to deny the benefit of parity to these petitioners. It is stated that the petitioners are not having any criminal antecedents. Under such circumstances, I am of the opinion that the petitioners may be granted anticipatory bail subject to conditions, which will take care of the interest of the prosecution. 8. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER The petition is allowed. The petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No.21 of 2024 of Tarikere Town Police Station, pending in CC No.576 of 2024 on the file of the learned Senior Civil Judge and JMFC at Tarikere, Chikkamagaluru District. The petitioners are directed to appear before the Investigating Officer within 15 days from the date of receipt of - 6 - NC: 2025:KHC:7038 CRL.P No. 12880 of 2024 this order and on their appearance, the Investigating Officer shall enlarge them on bail subject to the following conditions:- a. The petitioners shall furnish the bond in a sum of Rs.2,00,000/- each (Rupees Two Lakhs only) with two sureties each for the likesum to the satisfaction of the Investigating Officer; b. The petitioners shall not commit similar offences; c. The petitioners shall appear before the Investigating Officer or the court as and when required; and d. The petitioners shall not threaten or tamper the prosecution witnesses. On furnishing the sureties by the petitioners, the Investigating Officer is at liberty to verify the correctness of the address and authenticity of the documents furnished by them. On satisfaction of the said documents, he may proceed to accept the sureties within a reasonable time. Sd/- (M G UMA) JUDGE *bgn/- CT:VS