- 1 - HC-KAR NC: 2025:KHC:44634 CRL.P No. 13368 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13368 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. VISHWA @ MUDDE @ VISHWANATH M S/O. MRUTHYUNJAYA AGED ABOUT 34 YEARS R/O HALADAMMA BEEDI BHADRAVATHI TALUK SHIVAMOGGA – 577 301. 2. YEREHALLI TAMA @ RAKESH KAO A CHWAN S/O. ANNAPPA AGED ABOUT 30 YEARS. R/6. # 47 YEREHATI MAM ROAD BHADRAVATHI TALUK SHIVAMOGGA – 577 301. …PETITIONERS (BY SRI M S SHYAM SUNDAR SENIOR COUNSEL SMT. VANDANA P L, ADVOCATE) List No.: 1 Sl No.: 13 Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44634 CRL.P No. 13368 of 2025 AND: 1. STATE OF KARNATAKA BY POLICE SUB INSPECTOR NEW TOWN POLICE STATION BHADRAVATHI. SHIVAMOGGA – 577 301. REP. BY SPP HIGH COURT BUILDINGS BANGALORE. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP SRI H SIDDESH, FOR DEFACTO COMPLAINANT) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNNS) PRAYING TO GRANT PROTECTION OF ANTICIPATORY BAIL TO THE PETITIONERS IN THE EVENT OF THEIR ARREST IN CR.No.184/2025 PENDING ON THE FILE OF THE HON’BLE IV ADDL. CIVIL JUDGE AND JMFC, BHADRAVATHI FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 189(2), 189(4), 191(2), 191(3), 109(1), 118(1), 140(1), 115(2) AND 190 OF BNS, 2023 AND SECTION 25(1)(A) OF THE ARMS ACT, BHADRAVATHI NEW TOWN POLICE STATION. 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 petitioners -accused Nos.1 and 3 under Section 482 of the BNSS praying grant anticipatory bail in Crime No.184/2025 of Bhadravathi New - 3 - HC-KAR NC: 2025:KHC:44634 CRL.P No. 13368 of 2025 Town Police Station registered for offences punishable under Sections 189(2), 189(4), 191(2), 191(3), 109(1), 118(1), 140(1), 115(2), and 190 of BNS and Section 25(1)(A) of the Arms Act. 2. Heard learned Senior Counsel for petitioners and learned High Court Government Pleader for the respondent -State. 3. Learned Senior Counsel for petitioners would contend that present crime has been registered at the first information of one Bharat against whom a case has been registered in Crime No.71/2025 in Bhadravathi Rural Town Police Station wherein the petitioner No.1 herein was a victim. In order to take revenge, a false complaint has been filed against petitioners. He further submitted that in the said Crime No.71/2025, accused persons have been granted anticipatory bail and very same judicial officer has rejected the anticipatory bail petition of present petitioners. He submits that petitioners are ready to co- - 4 - HC-KAR NC: 2025:KHC:44634 CRL.P No. 13368 of 2025 operate with the police in the investigation and abide by any terms and conditions to be imposed by this Court. With this, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the injured in the incident has sustained 03 injuries. Out of them, one injury is on the temporal and occipital region and it is considered to be a vital part of the body. The weapon used is a deadly weapon and that itself indicate that in order to commit murder the assault has been made on the head of the injured. The petitioner No.1 is having criminal antecedents and earlier 08 cases were registered against him and out of them 03 cases are registered for offence punishable under Section 307 of IPC. If petitioners are granted bail, there is a threat to the First informant and other prosecution witnesses and there are chances of they hampering the investigation. - 5 - HC-KAR NC: 2025:KHC:44634 CRL.P No. 13368 of 2025 5. In reply, learned Senior Counsel for petitioners would contend that only 06 cases are registered against the petitioner No.1 and he has been acquitted in the said cases and in one petty case he has been imposed fine of Rs.300/-. 6. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on the Court. 7. On the first information of one Bharat, a case came to be registered against petitioners and another in Crime No.184/2025 of Bhadravathi New Town Police Station for aforesaid offences. The allegation in the said complaint is that accused Nos.1 to 3 at about 09.00p.m., on 04.08.2025 have followed the injured in their car when he was moving on his scooty, dashed their vehicle to the scooty of the injured. When he fell down, the accused No.1 has tried to assault him with long chopper and he put his hand and due to which he sustained injury to his right - 6 - HC-KAR NC: 2025:KHC:44634 CRL.P No. 13368 of 2025 hand fingers. Accused No.3 also assaulted with long chopper on his left leg and caused bleeding injury. Accused No.1 again assaulted with long chopper on his head and caused bleeding injury and in the incident the 30 gram gold chain of the victim is missing. 8. On perusal of the wound certificate made available by the learned High Court Government Pleader, the injured has sustained three injuries. Out of them, one injury is cut lacerated wound measuring 2x1x0.5 c.m, and 4x1x0.5 c.m. over temporal and occipital region. The said injury has been caused with a long chopper and the part on which the injury has been caused is a head and it is a vital part. Petitioner No.1 is having criminal antecedents and he is involved in 08 criminal cases. The petitioner - accused No.1 is involved in Crime No.221/2013 of Halenagara Police Station for offences punishable under Section 323 read with Section 34 IPC, Crime No.251/2013 of Halenagara Police Station for offences punishable under - 7 - HC-KAR NC: 2025:KHC:44634 CRL.P No. 13368 of 2025 Sections 307, 323, 324, 504 read with Section 34 IPC, Crime No.215/2016 of Halenagara Police Station for offence punishable under Section 110 of Cr.P.C, Crime No.113/2017 of Halenagara Police Station for offences punishable under Section 107 of Cr.P.C, Crime No.117/2020 of Halenagara Police Station for offences punishable under Section 87 of KP Act and he has been imposed fine of Rs.300/- in the said case. Crime No.213 of/2024 of Halenagara Police Station for offences punishable under Sections 352, 109(1) and 190 of BNS and it is pending in C.C.No.5102/2025. Crime No.44/2025 of Bhadravathi Rural Police Station for offence punishable under Section 87 of the K.P Act and it is pending in C.C.No.304/2025 and Crime No.73/2025 of Halenagara Police Station for offence punishable under Section 292 of BNS and it is pending in C.C.No.5105/2025. 9. Considering the above aspects, petitioners are required for custodial interrogation. Considering the above - 8 - HC-KAR NC: 2025:KHC:44634 CRL.P No. 13368 of 2025 aspects, the petitioners have not made out any grounds for grant of discretionary relief of anticipatory bail. In the result, the petition is dismissed. 10. Observations made in the above order will not come in the way of trial Court considering any other bail application after filing of the charge sheet. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 13 Ct.sm