- 1 - NC: 2025:KHC:2027 CRL.P No. 14278 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14278 OF 2024 BETWEEN: 1. MURALI S/O LATE KANNAN, AGED ABOUT 36 YEARS, COOLIE, RESIDING AT 5TH CROSS, SHANKARAPURA, CHIKKAMAGALURU CITY - 577 101. 2. JEEVAN.S, S/O SHIVA AGED ABOUT 24 YEARS, COOLIE, RESIDING AT WARD NO.9, SHANKARAPURA, CHIKKAMAGALURU CITY 577 101. 3. ROHITH, S/O VELU.K, AGED ABOUT 20 YEARS, RESIDING AT SHANKARAPURA, CHIKKAMAGALURU CITY - 577 101. 4. N.S, NAGARAJ S/O SUGUNAMURTHY, AGED ABOUT 50 YEARS, COOLIE, RESIDING AT DONIKANA, CHIKKAMAGALURU CITY - 577 101. …PETITIONERS (BY SRI. K S GANESHA.,ADVOCATE) AND: 1. STATE BY TOWN POLICE, CHIKKAMAGALURU. REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:2027 CRL.P No. 14278 of 2024 2. KIRANA, S/O MANJUNATH, AGED ABOUT 25 YEARS, PHOTOGRAPHER, RESIDING AT NEAR VEERABHADRESHWARA TEMPLE, KOTE, CHIKKAMAGALURU CITY - 577 101. 3. KARTHIK, S/O RAMESH, AGED ABOUT 25 YEARS, RESIDING AT VASTHARE VILLAGE, CHIKKAMAGALURU TALUK - 577 133. …RESPONDENTS (BY SRI.RANGASWAMY.R, HCGP FOR RESPONDENT NO.1) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ALLOW THIS PETITION BY DIRECTING THE IsT RESPONDENT TO RELEASE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.197/2024 REGISTERED BY CHIKKAMAGALURU P.S., FOR THE OFFENCE P/US/ 109(1),115(2),3(5),351(2),352 OF BNSS 2023 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (Sr.Dn.) AND CJM CHIKKAMAGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ - 3 - NC: 2025:KHC:2027 CRL.P No. 14278 of 2024 ORAL ORDER This petition under Section 482 of BNSS, 2023 is preferred to enlarge the petitioners on anticipatory bail in Crime No.197/2024 of Chikkmagalur Town Police Station, Chikkamagaluru, registered for offences punishable under Section 109(1), 115(3), 3(9), 351(3) and 352 of the BNS, 2023. 2. Heard both sides and perused the material on record. 3. It is the case of prosecution that on 12.11.2024 at about 11:30 p.m., first informant by name Kiran and his friend Vasthare Karthik were standing near Sunil Fast Food situated near I.D.S.G. college, after ordering egg rice. At that time, two to three persons came and started staring and abusing them. When Karthik asked them as to why they are behaving in such a manner, they abused them in filthy language and one of them called some one over phone and secured few more boys and all of them abused them in filthy language and one of the accused - 4 - NC: 2025:KHC:2027 CRL.P No. 14278 of 2024 stabbed Karthik on his abdomen and the first informant on his thigh and abdomen. 4. Learned High Court Government Pleader has contended that accused have attempted on the lives of the injured by stabbing on the vital parts of their body, the injured have sustained life threatening injuries and the Investigation is under progress and therefore, the petitioners are not entitled for the relief of anticipatory bail. 5. Learned counsel for petitioners has contended that even accepting the complaint allegations, the specific overt acts of stabbing the injured are against accused No.1 and not against these petitioners. He further contended that the petitioners have no criminal antecedents and they are falsely implicated in this case. He submitted that petitioners are ready and willing to abide by any conditions and accordingly, sought to allow the petition. 6. A careful perusal of the complaint averments goes to show that the incident took place in a quarrel, - 5 - NC: 2025:KHC:2027 CRL.P No. 14278 of 2024 wherein, the accused persons initially abused and pushed the victims. One of the accused i.e, accused No.1 secured few more persons and stabbed both the injured with a knife. Injuries are caused on the abdomen, which are grievous in nature. However, specific overt acts of stabbing the injured are against accused No.1, who is arrested and in custody. Petitioners are not named in the First Information Report. No criminal antecedents against them are brought to the notice of the Court. Prosecution has to establish in due course that even these petitioners have shared common intention along with accused No.1. Petitioners have undertaken to co-operate with the investigation of the case and to furnish sufficient surety to ensure their regular presence before the Trial Court. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioners shall be released in the event of their arrest in Crime No.197/2024 of Chikkamagalur Town Police Station, subject of following conditions: - 6 - NC: 2025:KHC:2027 CRL.P No. 14278 of 2024 a) They shall appear before the Investigation Officer within the period of one week from the date of receipt of this order and shall execute a bond in a sum of Rs.1,00,000/- each with two sureties. b) They shall furnish proof of their residential address and shall inform the Investigation Officer/Court, if there is any change in the address. c) They shall be available for the purpose of investigation as and when required and shall co-operate with the investigation. d) They shall not leave the jurisdiction of the trial Court without prior permission till completion of the investigation of the case. e) They shall mark their attendance at the jurisdictional police station on every Sunday - 7 - NC: 2025:KHC:2027 CRL.P No. 14278 of 2024 between 11.00 a.m. and 1.00 p.m till filing of final report. f) They shall not tamper with the prosecution witnesses either directly or indirectly. g) They shall be regular in attending the Court proceedings. h) They shall not indulge themselves in criminal activities. If any of the above conditions are violated, the bail granted to the petitioners shall be liable to cancel. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 43