- 1 - HC-KAR NC: 2025:KHC:44036 CRL.P No. 11930 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11930 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. NAGARAJU C K, KENCHABOVI, AGED ABOUT 58 YEARS, R/AT NO.212, VINITH EASTATE, KODUJAKKASANDRA VILLAGE, HAROHALLI HOBLI AND TALUK, RAMANAGARA – 562 112. 2. CHANDRA NAIK, MADESH NAYAK, AGED ABOUT 35 YEARS, R/AT KANIVEMADAURA VILLAGE, TATTEKERE DAKLE, HAROHALLI HOBLI AND TALUK, RAMANAGARA – 562 112. …PETITIONERS (BY SRI. SHARATH J M., ADVOCATE) AND: STATE OF KARNATAKA, BY KODIHALLI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT BENGALURU – 560 001. …RESPONDENT (BY SRI. RASHMI PATEL, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44036 CRL.P No. 11930 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THEM ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST WHO IS THE ACCUSED NO.1 TO 2 IN CR.NO.152/2024 REGISTERED BY THE RESPONDNET KODIHALLI P.S. NOW PENDING ON I ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C KAKANAPURA, RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S 115(2),352,74,351(2),3(5) OF BNS 2023 IN RESPECT OF THE PETITIONER. 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.1 and 2 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS 2023') seeking anticipatory bail in Crime No.152/2024 registered by Kodihalli Police Station, Ramanagara, for the offence punishable under Sections 115(2), 352, 74, 351(2), 3(5) of BNS 2023, pending on I Addl. Civil Judge and J.M.F.C Kakanapura, Ramanagara district. 2. Heard learned counsel for the petitioners and the learned High Court Government Pleader for respondent. - 3 - HC-KAR NC: 2025:KHC:44036 CRL.P No. 11930 of 2025 3. Learned counsel for petitioners would contend that, the offences alleged against the petitioners are not punishable either with death or imprisonment. The charge sheet has been filed, the petitioners are ready to appear before the trial court and abide by any terms and conditions to be imposed by this court. The petitioners are not proclaimed offenders to deny grant of anticipatory bail as observed by the Sessions Court. The Trial Court has issued summons to the petitioners. There are no criminal antecedents of the petitioners. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader would contend that, the statement of eye witnesses have been recorded under Section 183 of BNSS by the learned Judicial Magistrate which indicate the overtact of these petitioners. The petitioners remained absconded and they are being shown as absconding in the charge sheet. With these, she prayed for rejection of the petition. - 4 - HC-KAR NC: 2025:KHC:44036 CRL.P No. 11930 of 2025 5. Having heard the learned counsels appearing for the parties, this Court has perused the charge sheet and other materials placed on record. 6. The accusation against these petitioners as contended in the charge sheet as on 05.10.2024 at about 5.00 p.m., the petitioners abused CW1 in filthy words and the petitioner No.1/accused No.1, by abusing slapped on her cheek, held her saree and dragged her. Also, made her to fall on the ground and kicked her and the accused No.2, at that time was abetting accused No.1 to kill CW1. They have also abused CW2 to CW13 . The investigation is completed and the charge sheet has been filed. As per the charge sheet, the petitioners are shown as absconding. Offences alleged against the petitioners are not punishable for death or imprisonment for life. There are no criminal antecedents against the petitioners. 7. Considering all these aspects, the petitioners have made out case for grant for anticipatory bail. In the result, I pass the following: - 5 - HC-KAR NC: 2025:KHC:44036 CRL.P No. 11930 of 2025 ORDER This Criminal Petition is allowed. The petitioners are ordered to be released on anticipatory bail in the event of their arrest in Crime No.152/2024 registered by Kodihalli Police Station, Ramanagara, for the offence punishable under Sections 115(2), 352, 74, 351(2), 3(5) of BNSS 2023, pending on I Addl. Civil Judge and J.M.F.C Kakanapura, Ramanagara district, subject to following conditions: i) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each and with one surety for the likesum to the satisfaction of the Trial court. ii) Petitioners shall voluntarily appear before the Trial court within 10 days from this day and execute bail bond and furnish surety. iii) Petitioners shall attend Trial Court on all dates unless exempted and co-operate for speedy trial. - 6 - HC-KAR NC: 2025:KHC:44036 CRL.P No. 11930 of 2025 iv) Petitioners shall not tamper the prosecution witnesses, directly or indirectly. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE AKV List No.: 1 Sl No.: 18