- 1 - NC: 2025:KHC-D:3985 CRL.P No. 101157 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.101157 OF 2025 [438(CR.PC)/482(BNSS)] BETWEEN: MANJUNATH S/O. BASAPPA UPPAR, AGE: 41 YEARS, OCC. BUSINESS, R/O. 2ND CROSS, NEW GABBUR, HUBBALLI. … PETITIONER (BY SRI MAHESH WODEYAR, ADVOCATE) AND: STATE OF KARNATAKA THROUGH BENDIGERI POLICE STATION, HUBBALLI, REPRESENTED BY ADDL. S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. … RESPONDENT (BY SMT.GIRIJA S.HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS 2023, SEEKING TO ALLOW THIS CRIMINAL PETITION AND DIRECT THE BENDIGERI POLICE TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IN CR.NO.9/2025 OF BENDIGERI P.S. FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 132, 109, READ WITH UNDER SECTION 190 OF BNS 2023, SO FAR PETITIONER/ACCUSED NO.1 IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.01 10:28:10 +0530 - 2 - NC: 2025:KHC-D:3985 CRL.P No. 101157 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) for grant of anticipatory bail in Crime no.9/2025 by Bendigeri Police Station for offences punishable under Sections 132, 109 and 190 of Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short) by accused no.1 (petitioner). 2. Sri Mahesh Wodeyar, learned counsel for petitioner submitted petitioner was 41 years old businessman and permanent resident of Gabbur, Hubballi. Though he was law abiding citizen and had not committed any offences, he was apprehending arrest for non-bailable offences in view of Crime no.9/2025 registered by Bendigeri Police Station on 11.01.2025, arraigning him as accused no.1. 3. It was submitted, even as per prosecution case, Ravi, PSI of Bendigeri Police Station (complainant) filed complaint stating that at 7:00 a.m. on 11.01.2025, ACP, Hubballi (South), directed complainant a Constable in Crime Department to apprehend accused no.1 – Manjunath, accused - 3 - NC: 2025:KHC-D:3985 CRL.P No. 101157 of 2025 no.2 – Nagaraj, accused no.3 – Parashuram, accused no.4 – Mahesh, accused no.5 – Kumar, accused no.6 – Mahadevi, accused no.7 – Pratik, accused no.8 – Manikanta and accused no.9 – Nikil and others involved in Crime no.6/2025 for offences punishable under Sections 109, 61 (2) (a), 115 (2), 118 (1), 351 (2) (3), 352 read with 190 of Barathiya Nyaya Sanhita, 2023 (‘BNS’ for short) and Sections 3 (1) (r) & (s) and 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC/ST Act’ for short). 4. In pursuance of same, when he along with other constables was patrolling near New Gabbur at 10:30 a.m., he received credible information that accused were hiding near Beedi Workers’ layout. Immediately they went to spot and found accused there. When they went to apprehend them, on seeing them, accused tried to flee, but were rounded up, when accused no.4 obstructed them from performing their duty. In order to escape, he tried to strangulate complainant. After overcoming their resistance, they were taken to ACP (South) at 12:15 p.m. It was alleged that accused had obstructed public servant from performing duty and also attempted to commit murder, complaint was filed and registered as Crime no.9/2025 - 4 - NC: 2025:KHC-D:3985 CRL.P No. 101157 of 2025 for offences punishable under Sections 132, 109 read with 190 of BNS. It was submitted, there was specific overt acts only insofar as accused no.4. And as incident of attempt to murder duty was totally false and without any basis. It was further submitted that under similar circumstances, accused no.6 was granted anticipatory bail by this Court in Crl.P.no.100515/2025 disposed of on 24.02.2025. Therefore, sought for grant of bail on conditions. 5. On other hand, Smt.Girija S Hiremath, learned HCGP for respondent – State sought to oppose petition. At outset it was submitted, offences alleged against petitioner were under Section 132, 109 and 190 of BNS i.e. obstructing public servant in performing his duty, attempt to commit murder and with common intention. 6. It was submitted, though in complaint overt act was in respect of accused no.1, said offence was committed in furtherance of common intention. Therefore, petitioner would also be covered. And in case of grant of anticipatory bail, there was likelihood of petitioner involving in similar criminal - 5 - NC: 2025:KHC-D:3985 CRL.P No. 101157 of 2025 activities or hamper investigation. On above ground, sought for rejection of petition. 7. Heard learned counsel and perused available material on record. 8. From above, point that arises for consideration is: “Whether petitioner is entitled for anticipatory bail on conditions? 9. At outset, it is seen petitioner’s apprehension of imminent arrest for non-bailable offences is based on registration of Crime no.9/2025 by Bendigeri Police Station for offences punishable under Sections 132, 109 and 190 of BNS. 10. Offences alleged against petitioner are obstruction of public servant from performing duty under Section 132 of BNS punishable with imprisonment upto 2 years; attempt to murder under Section 109 of BNS punishable with imprisonment from 10 years upto life and unlawful assembly with common intention under Section 190 of BNS. Therefore, nature of offences would be grave. Even as per complaint, there are no overt acts against petitioner. On date of incident, petitioner along with others were apprehended, when petitioner - 6 - NC: 2025:KHC-D:3985 CRL.P No. 101157 of 2025 tried to escape and in process attempted to strangulate a Police Constable. There are no such overt acts insofar as petitioner is concerned. 11. It is not in dispute that petitioner had obtained bail in Crime no.6/2025. It is held that Hon’ble Supreme Court in case of Prabhakar Tewari v. State of Uttar Pradesh, reported in 2020 (11) SCC 648, mere criminal antecedents, would not be a justification for rejection of bail petition. Moreover, accused no.6 who is also in similar circumstances has been granted bail by imposing conditions. Thus, point for consideration is answered in affirmative, by clarifying that observations made herein are on prima facie consideration for purposes of this order and shall not bind Trial Court. Consequently, following: ORDER Petition is allowed. Petitioner/accused no.1 shall be enlarged on bail, in case of arrest in Crime no.9/2025 by Bendigeri Police Station for offences punishable under Sections 132, 109 and 190 of BNS, subject to following conditions: a) Petitioner/accused no.1 shall appear before Investigating Officer within 15 days from date of this order and - 7 - NC: 2025:KHC-D:3985 CRL.P No. 101157 of 2025 execute a personal bond in a sum of Rs.1,00,000/- with two sureties for likesum. b) He shall appear before Investigating Officer for purpose of investigation as and when required and co- operate with investigation. c) Until filing of charge sheet, he shall also mark his attendance with Investigating Officer between 9:00 a.m. to 2:00 p.m. every alternative Sunday, beginning from 09.03.2025. d) He shall not attempt to contact, threaten or intimidate victim or tamper / influence any other prosecution witnesses, either directly or indirectly. e) He shall not indulge in any criminal activities. f) He shall forthwith inform any change of his residence to Investigating Officer. SD/- (RAVI V.HOSMANI) JUDGE RH CT:PA LIST NO.: 1 SL NO.: 3