- 1 - HC-KAR NC: 2025:KHC:28962 CRL.P No. 9837 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9837 OF 2025 BETWEEN: SRI. JAYANTH J. S/O JAYADEVAIAH P. AGED ABOUT 25 YEARS, R/O WARD NO.31, ARCHAKARAHALLI, RAMANAGAR TOWN, RAMANAGAR DISTRICT-562 159. …PETITIONER (BY SRI. BASAVARAJU P., ADVOCATE) AND: THE STATE OF KARNATAKA IJOOR POLICE STATION, RAMANAGARA, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNAKATA, BENGALURU-560 001. …RESPONDENT (BY SRI. K. NAGESWARAPPA, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CRIME NO.57/2017 FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 427, 506, 504, 149, 323, 324 & 354 OF INDIAN PENAL CODE, REGISTERED BY THE IJOOR POLICE/RESPONDENT POLICE, THE CHARGE SHEET WAS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28962 CRL.P No. 9837 of 2025 FILED FOR THE OFFENCES PUNISHABLE U/SEC.323, 324, 327, 354, 506, 504 R/W SEC.149 OF IPC IN C.C.NO.44/2019, PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AT RAMANAGARA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under Section 482 BNSS, 2023, seeking anticipatory bail in Cr.No.57/2017 of Ijoor Police Station, registered for the offence punishable under Sections 427, 506, 504, 323, 324, 354 r/w 149 IPC. 2. Heard both sides and perused the material on record. 3. The aforementioned crime is registered against accused Nos.1 to 7 on a complaint lodged by one Shivanandaswamy S/o Prabhushankar. 4. Name of the petitioner is not found in the FIR. One Mruthyunjaya was arraigned as accused No.4 in the FIR. However, while filing charge sheet, his name was - 3 - HC-KAR NC: 2025:KHC:28962 CRL.P No. 9837 of 2025 deleted. In the course of trial before the learned Magistrate, during recording of evidence of CWs.1 to 3 examined as PWs.1 to 3, they deposed that even accused by name Mruthyunjaya has also participated in the commission of offence, as such, the Public Prosecutor filed an application to summon him as an additional accused. 5. The grievance of the petitioner is that though he is not the accused concerned, the police are trying to arrest him in view of the warrant issued by the learned Magistrate. 6. Learned counsel for the petitioner would contend that the name of the petitioner is Jayanth J. and not Mruthyunjaya. His age is 25 years and not 40 years as stated by the prosecution. A copy of the SSLC marks card of Jayanth J., is produced to show that his Date of Birth is 3.11.2000 and therefore, he is not aged 40 years, as claimed by the prosecution. - 4 - HC-KAR NC: 2025:KHC:28962 CRL.P No. 9837 of 2025 7. The learned Sessions Judge has rejected the petition seeking anticipatory bail, observing that unless application under Section 319 of Cr.P.C. is allowed, the person sought to be added as accused cannot be called as accused and unless he is an accused, there is no anticipation of his arrest. It is further observed that merely a notice is issued to answer the say and if there is any misinterpretation, the prosecution to rectify the same and the petitioner can very much appear before the Court and answer to the notice. 8. The trial Court records would show that bailable warrant has been issued to the accused by name Mrutyunjaya. The petitioner can very much appear before the trial Court and answer the summons/bailable warrant issued against him, if he is not the accused. In the event of his appearance, the trial Court shall recall the bailable warrant on an appropriate application and enlarge him on bail subject to conditions, which the trial Court deems fit. - 5 - HC-KAR NC: 2025:KHC:28962 CRL.P No. 9837 of 2025 9. The petitioner shall appear before the trial Court on or before 4.8.2025. 10. With the above observations, petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 37