- 1 - HC-KAR NC: 2025:KHC:53047 CRL.P No. 15073 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15073 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. PARVEEZ PASHA S/O CHAND PASHA AGED ABOUT 24 YRS R/O. WARD NO. 18, NEAR URDU SCHOOL OLD MASJID MOHALLA MAGADI TALUK, MAGADI TOWN RAMANAGAR DISTRICT - 562120. 2. SAIFULLA @ KATTAPPA S/O APSAR PASHA AGED ABOUT 21 YRS R/O. NO. 85, DEVANGA STREET BH ROAD, NELAMANGALA BENGALURU RURAL DISTRICT - 562123. …PETITIONERS (BY SRI. G MURALIDHAR.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA MAGADI POLICE STATION MAGADI TOWN. RAMANAGAR DISTRICT - 562120 REP BY SPP HIGH COURT BANGLORE - 560001. …RESPONDENT (BY Smt.B PUSHPALATHA, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53047 CRL.P No. 15073 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO PASS AN ORDER OF ANTICIPATORY BAIL DIRECTING THE RESPONDENT THAT IF THE PETITIONERS ARE ARRESTED IN CR.NO.140/2025 OF MAGADI P.S. FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 189(2), 109, 352, 54 AND 190 OF BNS (NOW C.C.NO.5226/2025) ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C AT MAGADI AFTER CHARGE SHEET) FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 189(2), 189(4), 191(1), 191(3), 109(1), 118(2), 54, 352, 190 OF BNS THEY SHALL BE RELEASED ON BAIL. 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 Nos.3 and 4 under Section 482 of Bharathiya Nagarika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.140/2025 of Magadi Police Station registered for the offences punishable under Sections 189(2), 109, 352, 54 and 190 of the BNS, 2023 pending in CC No.5226/2025 on the file of the learned Principal Civil Judge and JMFC at Magadi. 2. Heard the learned counsel for the petitioners and the learned Additional State Public Prosecutor for the respondent - State. - 3 - HC-KAR NC: 2025:KHC:53047 CRL.P No. 15073 of 2025 3. The learned counsel for petitioners would contend that, no serious overt act is alleged against the petitioners. The petitioner No.1/accused No.3 is stated to have assaulted by club on body, and petitioner No.2/accused No.4 has assaulted with hand on the face, nose and kicked him. CW2 is injured, and CW3 is eyewitness to the incident. The wound certificate contains four injuries, and they do not correspond to any overt act of assault alleged against the petitioners. The injured has been discharged from the hospital, and he is out of danger. As the charge sheet is filed, the petitioners are not required for custodial interrogation. They are ready to appear before the jurisdictional Court, and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioners. With this, he prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor for the respondent - State would contend that, CW2/injured has sustained four injuries. CW3 is the eye - 4 - HC-KAR NC: 2025:KHC:53047 CRL.P No. 15073 of 2025 witness. The charge sheet material show prima facie case against the petitioners for the offences alleged against the petitioners 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 overt act alleged against the petitioner No.1/accused No. 3 is assault with club on the body, and the petitioner No.2/accused No.4 is assault by hand on the face, nose and kicked with legs. 7. On perusal of wound certificate, there is no corresponding injuries to the overt act alleged against the petitioners. No serious overt act of assault with deadly weapon is alleged against the petitioners. CW2/injured has been discharged from the hospital, and he is out of danger. As the charge sheet is filed, the petitioners are not required for custodial interrogation. There are no criminal antecedents of the petitioners. - 5 - HC-KAR NC: 2025:KHC:53047 CRL.P No. 15073 of 2025 8. Considering the above aspects, the petitioners have made out a case for grant of anticipatory bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioners are ordered to be released on bail in the event of their arrest in Crime No.140/2025 of Magadi Police Station registered for the offences punishable under Sections 189(2), 109, 352, 54 and 190 of the BNS, 2023 subject to following conditions. a) The petitioners shall appear before jurisdictional Court within fifteen days from this day, and execute bail bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the jurisdictional Court. b) The petitioners shall not tamper the prosecution witnesses either directly or indirectly. - 6 - HC-KAR NC: 2025:KHC:53047 CRL.P No. 15073 of 2025 c) The petitioners shall attend the Trial Court on all dates of hearing, unless exempted and co-operate for speedy disposal of the case. d) The petitioners shall not involve in commission of any offence. If they are found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to the petitioners of arrest. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 7