- 1 - HC-KAR NC: 2025:KHC:29151 CRL.P No. 9935 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9935 OF 2025 BETWEEN: 1. SRI. SANDESH G. KULKARNI S/O GOVINDARAJ KULKARNI, AGED ABOUT 38 YEARS, # H-1, 2ND FLOOR, PIPELINE ROAD, HOYSALANAGARA, SUNKADAKATTE, BENGALURU-560 091. 2. SRI. ANIL KUMAR S/O SIDDAYYA, AGED ABOUT 39 YEARS, # 3/74, DONGAPUR, BIDAR DISTRICT-585 328. …PETITIONERS (BY SRI. SRINIVASA D.C., ADVOCATE) AND: STATE OF KARNATAKA BY INDIRANAGAR POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 009. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29151 CRL.P No. 9935 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS/ACCUSED NO.1 AND 2 ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT INDIRANAGAR POLICE IN RESPECT OF THE CASE REGISTERED IN CR.NO.156/2025 UNDER SECTION 190, 329(3) & 351(2) OF BNS, 2023, PENDING ON THE FILE OF THE 10TH ADDITIONAL C.M.M. COURT, AT BENGALURU (MAYO HALL UNIT). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners have preferred this petition under Section 482 of BNSS, 2023 seeking anticipatory bail in Cr.No.156/2025 of Indiranagar Police Station registered for offences punishable under Section 190, 329(3) and 351(2) of BNS, 2023. 2. Petitioners have preferred a similar petition before the learned Sessions Judge in Crl.Misc.No.25503/2025 and the said petition was dismissed as not maintainable, vide order dated 10.7.2025. - 3 - HC-KAR NC: 2025:KHC:29151 CRL.P No. 9935 of 2025 3. The reasons assigned by the learned Sessions Judge to dismiss the petition is that all the offences are bailable in nature and therefore, the petition does not merit consideration. 4. It is contended by the learned counsel for petitioners that Section 190 of BNS, 2023 is bailable as well as non-bailable and therefore, there is an apprehension of arrest for the petitioners. 5. It is not in dispute that Section 329(3) and 351(2) of BNS, 2023 are bailable in nature. Under Section 190 of BNS, 2023, every member of unlawful assembly will be guilty of offence committed in prosecution of the common object of committing the principal offence. In the instant case, the principal offence being bailable in nature, the contention of the learned counsel cannot accepted. The learned Sessions Judge has rightly rejected the petition seeking anticipatory bail. - 4 - HC-KAR NC: 2025:KHC:29151 CRL.P No. 9935 of 2025 6. Petitioners are at liberty to appear before the jurisdictional Magistrate seeking regular bail and in that event, the learned Magistrate shall consider and dispose of their application on the same day, in accordance with law. With the above observations, petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 47