- 1 - HC-KAR NC: 2025:KHC:26476 CRL.P No. 9643 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9643 OF 2025 BETWEEN: 1. SRI GOPI D.C. S/O. CHINNANNA AGED 25 YEARS COOLIE WORK. 2. SRI ARUNA D.C. S/O. CHINNANNA AGED 19 YEARS COOLIE WORK. 3. SRI SATHYA D.A. S/O. ANNAPPA AGED 35 YEARS COOLIE WORK. 4. SRI SHIVARAJA D.T. @ CHOWDAPPA S/O. THIPPESH D.H. AGED 20 YEARS COOLIE WORK. 5. SRI C.K. ANNAPPA S/O. LATE KUPPANNA AGED 43 YEARS COOLIE WORK. 6. SRI MARAPPA S/O. ANNAPPA AGED 42 YEARS COOLIE WORK. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26476 CRL.P No. 9643 of 2025 7. SRI PRASAD D.K. S/O. KRISHNAPPA AGED 23 YEARS COOLIE WORK. 8. SRI D.J. BASAVARAJA @ BHASKARA S/O. GANESH G.P. AGED 24 YEARS COOLIE WORK. 9. SRI G. KIRANA S/O. GURAPPA G. AGED 21 YEARS COOLIE WORK. ALL ARE, R/O: DODDERI, GANGURU-577 301, BHADRAVATHI TALUK. …PETITIONERS (BY SRI PRASAD B.S., ADVOCATE) AND: STATE OF KARNATAKA BY AGUMBE POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.15/2025 PENDING IN THE FILE OF PRL. CIVIL JUDGE (SR.DN) AND CJM COURT BADRAVATHI, SHIMOGA DISTICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 118(1), 127(2), 189(2), - 3 - HC-KAR NC: 2025:KHC:26476 CRL.P No. 9643 of 2025 189(4), 190, 191(1), 191(2), 191(3), 324(4), 326(f), 326(g), 329(4), 62 AND 74 OF BNS 2023 REGISTERED BY THE RESPONDENT POLICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.3 to 12 in Crime No.15/2025 registered by Bhadravathi Rural Police Station, Shivamogga District, for the offences punishable under Sections 109, 118(1), 127(2), 189(2), 189(4), 190, 191(1), 191(2), 191(3), 324(4), 326(1), 326(g), 329(4), 62, 74 of BNS, 2023, are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.15/2025 was registered by Bhadravathi Rural Police Station, Shivamogga District, for the aforesaid offences against Shantha Kumara and others based on the first information dated 23.01.2025 received from Madhu W/o Lepaksha. Apprehending arrest in the said case, petitioners who are arrayed as accused nos.3 to 12 in the FIR, had filed Crl. Misc. No.5082/2025 before the jurisdictional Sessions - 4 - HC-KAR NC: 2025:KHC:26476 CRL.P No. 9643 of 2025 Court, which was rejected on 05.04.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that in respect of the alleged incident that had taken place on 22.01.2025, FIR in Crime No.14/2025 was registered by the very same police station for the offences punishable under Sections 352, 351(2), 103(1), 3(5) of BNS, 2023, and Sections 3(1)(r)(s), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against one Lepaksha and others based on the first information submitted by Smt. Vedavati W/o Shantakumar. 5. Shanthakumar who had died in the incident in question is arrayed as accused no.1 in the present FIR. The first informant in the present case is the wife of Lepaksha who is arrayed as accused no.1 in Crime No.14/2025. The police after investigation have filed charge sheet in Crime No.14/2025 for the aforesaid offences against Lepaksha and other accused. Considering the fact that there is a case and counter case in respect of the alleged incident that had taken place on 22.01.2025 and in the said incident, Shanthakumar - accused - 5 - HC-KAR NC: 2025:KHC:26476 CRL.P No. 9643 of 2025 no.1 in the present FIR has died, I am of the opinion that the prayer made by the petitioners who are the relatives of Shanthakumar, for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 6. Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.15/2025 registered by Bhadravathi Rural Police Station, Shivamogga District, for the offences punishable under Sections 109, 118(1), 127(2), 189(2), 189(4), 190, 191(1), 191(2), 191(3), 324(4), 326(1), 326(g), 329(4), 62, 74 of BNS, 2023, subject to the following conditions: 1. Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 6 - HC-KAR NC: 2025:KHC:26476 CRL.P No. 9643 of 2025 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. Petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK