- 1 - HC-KAR NC: 2025:KHC:28143 CRL.P No. 9361 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9361 OF 2025 BETWEEN: 1. CHINNU @ NELSON JOSHEP S/O CHARLCES AGED ABOUT 23 YEARS R/AT NO.1200, RAJALAKSHMI VIJINAPURA, DOORVANINAGARA BANGALORE-560 016. 2. JONES HARISH J. S/O JOSEPH AGED ABOUT 36 YEARS R/AT NO.4, C.TAIL BLOCK CHAMPIONREEFS K.G.F. BANGARPET KOLAR DISTRICT-563 117. …PETITIONERS (BY SRI. MAHESH S.N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SHO, AVALAHALLI POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT BULDINGS BANGALORE-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28143 CRL.P No. 9361 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS IN THE EVENT OF ARREST BY AVALAHALLI POLICE STATION, THAT THEY MAY BE ENLARGED ON BAIL IN CR.NO.86/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 308(2) OF BNS, 2023 PENDING ON THE FILE OF THE HONBEL ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The petitioners, who are apprehending arrest in Crime No.86/2025 registered by Avalahally Police Station, Bengaluru for the offence punishable under Section 308(2) of the Bharatiya Nyaya Sanhita, 2023 are before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.86/2025 was registered by Avalahally Police Station, Bengaluru for the aforesaid offence against unknown persons based on the first information dated 17.03.2025 received from one Vinay Kumar N., S/o Nagaraju. During the course of investigation, two persons were arrested - 3 - HC-KAR NC: 2025:KHC:28143 CRL.P No. 9361 of 2025 and in their remand application they are arrayed as accused Nos.4 and 7. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.1008/2025 before the jurisdictional Sessions Court which was rejected on 20.06.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that the petitioners do not have any criminal antecedents. The stolen bikes have been already recovered at the instance of the accused who have been arrested in the present case. The petitioners are ready and willing to co-operate for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. He submits that accused persons are required for investigation in the present case and therefore, their prayer for grant of anticipatory bail is liable to be rejected. 6. First information has been submitted in the present case on 17.03.2025 in respect of the alleged incident that had taken place on the intervening night of 13.03.2025 and 14.03.2025. First informant has alleged that he is running a business of sale of used motor bikes and on 13.03.2025 at - 4 - HC-KAR NC: 2025:KHC:28143 CRL.P No. 9361 of 2025 about 11.00 p.m., four persons came to his house wearing masks and after threatening him showing a knife they asked him to give the key of his shop and also took documents relating to the bikes which were kept ready in his shop for sale and thereafter, they had opened the door of his shop and had taken the four bikes bearing Registration Nos.KL-71-K-7771, RJ-09 2M-1715, RJ-27-5M-5942 and RJ-14-NM-7797 along with cash of Rs.20,000/- which was kept in the cash counter. 7. Though the incident had taken place on the intervening night of 13.03.2025 and 14.03.2025, first information is submitted on 17.03.2025 and the inordinate delay is not explained. Learned counsel for the petitioners has submitted that four bikes which were robbed from the shop of the complainant have been already recovered in the present case at the instance of accused Nos.4 and 7 who were arrested and enlarged on bail by the learned Magistrate. Undisputedly, petitioners have no criminal antecedents. The alleged offences are triable by the Court of Magistrate and maximum punishment for the same is imprisonment for a period of seven years. The petitioners have undertaken to co-operate with the police for the purpose of investigation. Accordingly, I am of the - 5 - HC-KAR NC: 2025:KHC:28143 CRL.P No. 9361 of 2025 opinion that prayer made by the petitioners for grant of anticipatory bail is required to be answered in affirmative. Accordingly the following: ORDER The 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.86/2025 registered by Avalahally Police Station, Bengaluru for the offence punishable under Section 308(2) of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: 1. The 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. 3. Petitioners shall not tamper with the witness and they shall co-operate with the police for - 6 - HC-KAR NC: 2025:KHC:28143 CRL.P No. 9361 of 2025 investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE PGG List No.: 1 Sl No.: 53