- 1 - HC-KAR NC: 2025:KHC:50367 CRL.P No. 15442 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15442 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN: MR ROSHAN ZAMEER @ ROSHAN @ GIDDA S/O MOHAMMED INTIYAZ, AGED ABOUT 30 YEARS, COOLIE WORKER, R/O.10TH CROSS, GOWLIGARA BEEDI, B.H. RAOD, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 301. …PETITIONER (BY SRI. MALATESH H., ADVOCATE) AND: THE STATE THROUGH THE POLICE INSPECTOR PAPER TOWN POLICE STATION, BHADRAVATHI, SHIVAMOGGA DISTRICT, (REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 438 (FILED UNDER SECTION 482 BNSS) CR.P.C PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL TO THE PETITIONER, IN REJECTION OF THE BAIL PETITION ON 28.07.2025 IN CRL.MISC. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50367 CRL.P No. 15442 of 2025 NO.5195/2025 BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT BHADRAVATHI IN CONNECTION WITH CRIME NO.12/2025 OF PAPER TOWN POLICE STATION, BHADRAVATHI, SHIVAMOGGA DISTRICT AND PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JUNION DIVISION) AND JMFC COURT AT BHADRAVATHI SHIVAMOGGA DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 132, 121(1), 109(1), 61 AND 58(b) OF BNS, 2023 AND UNDER SECTIONS 3 AND 25(1B) OF ARMS ACT. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.14 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.12/2025 of Paper Town Police Station, Badaravathi registered for the offences punishable under Sections 132, 121(1), 109(1), 61, 58(b) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 25 1B of Arms Act, 1959. 2. Heard the learned counsel for petitioner and learned Additional State Public Prosecutor for respondent/State. - 3 - HC-KAR NC: 2025:KHC:50367 CRL.P No. 15442 of 2025 3. The learned counsel for petitioner would contend that, there is no serious overt act alleged against this petitioner. The act alleged against this petitioner is that, he has intimated release of Sadhik @ Sathu from jail to accused No.1. The other act alleged against this petitioner is that, he came to the spot at the time of incident by walk. There is no allegation against this petitioner of stopping the police officials from discharging their official duty. The charge sheet is filed, and therefore, the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor for the respondent/State would contend that, the petitioner is having criminal antecedents, and he is involved in five cases. The offence alleged against the petitioner is a heinous offence punishable with imprisonment for life. There are several eyewitnesses to the incident. If he is granted anticipatory bail, he will - 4 - HC-KAR NC: 2025:KHC:50367 CRL.P No. 15442 of 2025 threaten the prosecution witnesses. With this, she prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, the case of the prosecution is that, the accused persons made a plan to kill Sadhik @ Sathu after he has been released from the jail. When all accused were preparing to assault the said Sadhik @ Sathu by holding deadly weapons, and on raid being conducted by the police, accused No.1 threw chilli powder on CW12 and CW13, and accused No.7 took accused Nos.8, 9, 10, 12, 13 in Alto car, and was moving. At that time, the police officials asked him to stop the car. Instead of stopping the car, he tried to run over the said car on the said police officials, and they escaped. 7. The allegation against this petitioner/accused No.14 is that, he informed release of Sadhik @ Sathu from - 5 - HC-KAR NC: 2025:KHC:50367 CRL.P No. 15442 of 2025 jail to accused No.1. The other allegation against him is that, he came by walking and joined other accused at the spot. There are no other allegations against the petitioner of obstructing the police officials from discharging their duties. 8. Considering the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted anticipatory bail and he is ordered to be released on bail in the event of his arrest in Crime No.12/2025 of Police Station, Paper Town Police Station, Badaravathi registered for the offences punishable under Sections 132, 121(1), 109(1), 61, 58(b) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 25 1B of Arms Act, 1959 and subject to following conditions: - 6 - HC-KAR NC: 2025:KHC:50367 CRL.P No. 15442 of 2025 a) The petitioner shall voluntarily appear before the jurisdictional Court within ten days from this day, and execute a bail bond for a sum of ₹1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court. b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner shall attend the Trial Court on all dates hearing, unless exempted and cooperate for speedy disposal of the case. d) The petitioner shall not involve in commission of any offence. If he is found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 8