- 1 - NC: 2025:KHC-K:1378 CRL.P No. 200397 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO.200397 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. PRAJWAL S/O HANAMANTH MANTAGIKAR, AGE:22 YEARS, OCC: STUDENT, R/O. BHIM NAGAR, ALAND, TQ. ALAND, DIST. KALABURAGI-585302. 2. SUDEEP S/O SURYAKANT SHIROOR, AGE:20 YEARS, OCC: STUDENT, R/O. BHIM NAGAR, ALAND, TQ. ALAND, DIST. KALABURAGI-585302. 3. SUDEEP S/O SHIVANAND MODALE, AGE: 26 YEARS, OCC: STUDENT, R/O. BHIM NAGAR, ALAND, TQ. ALAND, DIST. KALABURAGI-585302. …PETITIONERS (BY SRI PRADEEP KUMAR, ADVOCATE) AND: THE STATE THROUGH ALAND POLICE STATION, DIST. KALABURAGI (REPRESENTING BY LEARNED ADDL. SPP, HIGH COURT KALABURAGI-585107) …RESPONDENT (BY SRI VEERANAGOUDA MALIPATIL, HCGP) Digitally signed by SHIVAKUMAR HIREMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1378 CRL.P No. 200397 of 2025 THIS CRL.P IS FILED U/S. U/SEC 482 OF BNSS, 2023 PRAYING TO, ISSUE DIRECTION TO THE RESPONDENT POLICE AND CONCERNED JUDICIAL MAGISTRATE TO RELEASE THE PETITIONERS ON BAIL IN CRIME NO.124/2024 OF ALAND POLICE STATION, IN THE EVENT OF THEIR ARREST PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT AT ALAND, FOR THE OFFENCES PUNISHABLE U/SEC 143, 147, 148, 323, 324, 307, 504, 506 R/W 149 OF IPC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.10, 11 and 17 in Crime No.124/2024 registered by Aland Police Station, Kalaburagi for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 504, 506 read with Section 149 of IPC, are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.124/2024 was registered by Aland Police Station, Kalaburagi against the petitioners herein for the aforesaid offences on the basis of the first - 3 - NC: 2025:KHC-K:1378 CRL.P No. 200397 of 2025 information dated 02.06.2024 received from Ibrahim Ansari. The bail application filed by petitioners before the jurisdictional Sessions Court apprehending their arrest in the said case were rejected. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that the petitioners’ name is not found in the FIR. The allegation of assaulting the victim with weapons is only as against Manoj, Sagar, Kitti and Avinash and there are no specific overt-acts as against the petitioners. He submits that this Court has granted regular bail to accused Nos.2, 4 and 5 in Criminal Petition No.200812/2024. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the petition. He submits that the petitioners have not cooperated for the purpose of investigation. Accordingly, he prays to dismiss the petition. - 4 - NC: 2025:KHC-K:1378 CRL.P No. 200397 of 2025 6. In the first information dated 02.06.2024 which had resulted in registration of FIR in Crime No.124/2024 by Aland Police Station, Kalaburagi, it is averred that on 01.06.2024 at about 10.30 p.m., victim Faiz, who is the nephew of the first informant had gone to a Dabha, where the accused named in the FIR were having food. The victim, who was speaking over phone, used abusive language and this was objected to by the accused persons and in the quarrel that took place, the accused persons allegedly assaulted Faiz on his lips. Thereafter, Faiz and his companion had gone to the police station and subsequently, they went to the hospital for treatment for the injury suffered by Faiz on his lips. The accused persons allegedly followed him and once again, assaulted Faiz and caused grievous injuries to him. The allegation of assaulting the victim Faiz with weapons is found as against Manoj, Sagar, Kitti and Avinash. Undisputedly, the petitioners’ name is not found in the FIR and they do not have any criminal antecedents. Accused Nos.2, 4 and 5 as against whom similar allegations are found have been - 5 - NC: 2025:KHC-K:1378 CRL.P No. 200397 of 2025 granted regular bail by this Court in Criminal Petition No.200812/2024. 7. Under the circumstances, the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, following: ORDER The criminal petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners/accused Nos.10, 11 and 17 in the event of their arrest in Crime No.124/2024 registered by Aland police station, Kalaburagi for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 504, 506 read with Section 149 of IPC, pending before the Court of Civil Judge and JMFC, Aland, subject to the following conditions: 1. Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two - 6 - NC: 2025:KHC-K:1378 CRL.P No. 200397 of 2025 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 prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. Petitioners shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE SRT List No.: 1 Sl No.: 1 CT:PK