- 1 - HC-KAR NC: 2025:KHC:41798 CRL.P No. 12700 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12700 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. NITIN R S/O. RAMESH AGED ABOUT 22 YEARS R/AT H.No.83, 4TH CROSS DR. TOM RAYAN ROAD JAI BHEEM NAGAR P.O. CHAMARAJPET BANGALORE – 560 018. 2. A. KIRAN C/O ANAND AGED ABOUT 31 YEARS R/AT No.159, 5TH CROSS MYSORE ROAD ANANDAPURAM P.O. CHAMARAJPET BANGALORE – 560 018. 3. SURESH S S/O SUNDER RAJU AGED ABOUT 26 YEARS R/AT No.42, 12TH MAIN ROAD K.P.AGRAHARA BANGALORE NORTH BANGALORE – 560 023. 4. SANJAY.P S/O PACHAPPA. R AGED ABOUT 24 YEARS R/AT No.48, SAW MILL LANE NEAR SUPER THEATER Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41798 CRL.P No. 12700 of 2025 COTTONPET MAIN ROAD BNAGALORE SOUTH BANGALORE -560 053. …PETITIONERS (BY SRI CHANDRAPPA K N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHAMARAJPETE POLICE STATION BANGALORE -560 018 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN 482 CODE OF BNSS PETITIONERS MAY RELEASED ON EVENT OF THEIR ARREST. IN CRIME No.173/2025 IN CHAMARAJPET POLICE STATION FOR THE ALLEGED OFFENCES U/S 109, 3(5) OF BNS PENDING ON THE FILE OF THE HON’BLE V ADDL.CJM, AT BANGALORE CITY AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by the petitioners - accused Nos. 2 to 4 and 6 under Section 482 of Bharatiya Nagarik - 3 - HC-KAR NC: 2025:KHC:41798 CRL.P No. 12700 of 2025 Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant anticipatory bail in Crime No. 173/2025 of Chamarajpet Police Station registered for offences under Section 109, 3(5) of Bharathiya Nyaya Sanhita, 2023 (hereinafter referred to as `BNS’). 2. Petition filed by petitioner No. 1/accused No. 2 and petitioner No. 2/accused No. 3 came to be dismissed as withdrawn. 3. Heard learned counsel for petitioners/accused Nos. 4 and 6 and learned Additional SPP for respondent - State. 4. Learned counsel for petitioners would contend that names of petitioners/accused Nos. 4 and 6 are not mentioned in the FIR. Their names came to be included as per voluntary statement of accused Nos. 1 and 5. There is no overt-act alleged against these petitioners. Petitioners apprehend their arrest in view of their names being shown in the remand application. Petitioners are ready to co- - 4 - HC-KAR NC: 2025:KHC:41798 CRL.P No. 12700 of 2025 operate with the Police in investigation. With this, he prayed to allow the petition. 5. Per contra learned Additional SPP would contend that Kiran and Shiva are two eyewitnesses to the incident. As per their statements, accused Nos. 1 and 4 to 6 chased injured Girish and accused No. 1 assaulted him with machete and caused bleeding injury and also assaulted Kiran with the back of the said machete. At that time petitioners/accused Nos. 4 and 6 were with accused No. 1. Investigation is in progress. If the petitioners are granted anticipatory bail, they will hamper the investigation and tamper the prosecution witnesses. With this she prayed for dismissal of the petition. 6. Having heard learned counsel for the parties, this Court has perused the FIR, complaint, remand application and other materials placed on record. 7. On the basis of complaint of one Smt. Shaila (mother of injured Girish) a case came to be registered against accused Nos. 1 to 3 in crime No. 173/2025 of - 5 - HC-KAR NC: 2025:KHC:41798 CRL.P No. 12700 of 2025 Chamarajapet Police Station for aforesaid offences. Names of petitioners – accused Nos. 4 and 6 are not mentioned in the FIR and complaint. Names of petitioners - accused Nos. 4 and 6 came to be included in the remand application on the basis of voluntary statement of accused Nos. 1 and 5. The accusation against the petitioners is that they were with accused No. 1 at the time of he assaulting the injured Girish and Kiran. There is no overt-act alleged against these petitioners - accused Nos. 4 and 6 of assaulting the injured. It is submitted that investigation is completed and chargesheet has been filed. Considering the said aspect, petitioners are not required for custodial interrogation. In view of the above, petitioners have made out case for grant of anticipatory bail with conditions. 8. In the result the following; O R D E R Petition is allowed. Petitioners are ordered to be enlarged on bail in the event of their arrest in crime No. - 6 - HC-KAR NC: 2025:KHC:41798 CRL.P No. 12700 of 2025 173/2025 of Chamrajpet Police Station subject to following conditions: I. Petitioners – accused Nos. 4 and 6 shall execute a personal bond for a sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the Investigating Officer/jurisdictional Court. II. They shall appear before the Investigating Officer/jurisdictional Court within 15 days from this day and execute bail bond and furnish surety. III. They shall cooperate with the Investigating Officer in the investigation. IV. They shall not tamper the prosecution witnesses either directly or indirectly. V. They shall attend the trial Court on all dates of hearing, unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 13