- 1 - HC-KAR CNR: KAHC010575142026 NC: 2026:KHC:44651 CRL.P No. 12684 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12684 OF 2026 BETWEEN: SRI ATMANANDA @ ATMANANDA POOJA, AGED ABOUT 34 YEARS S/O PRASAD POOJA R/AT DOOPADAKATTE NITTE VILLAGE KARKALA TALUK, UDUPI PIN CODE - 574 110. …PETITIONER (BY SRI ARUNA SHYAM, SR. COUNSEL FOR SRI SUYOG HERELE E, ADV.) AND: THE STATE OF KARNATAKA THROUGH BANTWALA RURAL P.S REP. BY SPP, HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT BANTWALA RURAL P.S. TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.54/2025N REGISTERED BY THE RESPONDENT IN BANTWALA RURAL P.S., FOR THE OFFENCES P/U/S 249(a) R/W 3(5) OF BNS, 2023, U/S 3(3) OF KCOCA ACT, 2000, PENDING BEFORE THE LEARNED PRL. DISTRICT AND SESSIONS JUDGE, MYSURU IN SPL.C.NO.71/2026. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010575142026 NC: 2026:KHC:44651 CRL.P No. 12684 of 2026 ORAL ORDER 1. Accused No.17 in Special Case No.71/2026, pending before the Court of Principal District and Sessions Judge and Special Judge at Mysuru, arising out of Crime No.54/2025 registered for the offences punishable under Sections 103(1), 109(1), 118(1), 118(2), 61(2)(a), 238(a), 238(b), 249(a) r/w Section 3(5) of BNS, 2023, Section 25(1)(a) of Indian Arms Act and Sections 3(1)(i)(ii), 3(2), 3(3), 3(4) of the Karnataka Control of Organized Crime Act, 2000 (for short, ‘KCOCA’), is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.54/2025 was registered by Bantwala Rural Police Station, Dakshina Kannada District, against Deepak and others, based on the first information dated 27.05.2025, received from Mohammed Nissar, friend of deceased Abdul Rehman and injured - Kalandar Shafi. In the said case, after completing investigation, initially charge sheet was filed against 14 accused persons. Additional charge sheet was filed subsequently, invoking the provisions of KCOCA - 3 - HC-KAR CNR: KAHC010575142026 NC: 2026:KHC:44651 CRL.P No. 12684 of 2026 against the accused named in the charge sheet. Subsequently, the second additional charge sheet was filed as against 9 persons, namely, accused Nos.15 to 23 and, in the said charge sheet, petitioner is arrayed as accused No.17. Apprehending arrest, petitioner had filed Crl.Misc.Nos.537/2026 before the jurisdictional Court of Special Judge at Mysuru, which was dismissed on 10.06.2026. Therefore, he is before this Court. 4. Learned Senior Counsel appearing on behalf of the petitioner submits that, petitioner's name is found in the second additional charge sheet which is filed against accused Nos.15 to 23. Allegation against the petitioner is about harbouring accused Nos.9 to 13 and also providing them shelter, food and money. Petitioner has no other criminal antecedents. Investigation of the case is already completed. Considering the nature of allegations as against the petitioner, who has no other criminal antecedents, he prays to allow the petition. - 4 - HC-KAR CNR: KAHC010575142026 NC: 2026:KHC:44651 CRL.P No. 12684 of 2026 5. Per contra, learned Additional State Public Prosecutor, who has opposed the petition, however, does not dispute the submissions made by learned Senior Counsel. 6. According to the prosecution, the incident in question, in which, Abdul Rehman was murdered and another was injured, had taken place in the background of the murder of one Suhas Shetty, which had taken place earlier. Accused Nos.6 to 13 are the alleged conspirators for the said crime that was committed on 27.05.2025 within the jurisdiction of Bantwala Rural Police Station, Dakshina Kannada District. Petitioner allegedly had harboured and also provided shelter, food and money for traveling, to accused Nos.9 to 13. Except the said allegation, there is no other allegation as against the petitioner. 7. It is not in dispute that, petitioner has no other criminal antecedents. Merely for the reason that the provisions of KCOCA are invoked, it cannot be said that in view of Section 22(3) of KCOCA, an application filed seeking anticipatory bail, cannot be entertained. The rigour under the said provision - 5 - HC-KAR CNR: KAHC010575142026 NC: 2026:KHC:44651 CRL.P No. 12684 of 2026 cannot be an embargo for this Court to consider the anticipatory bail application of the accused, if it is otherwise found that the provisions of KCOCA would, prima facie, not get attracted against the said accused. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail, needs to be answered affirmatively. Accordingly, the following: ORDER (i) The petition is allowed. (ii) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in S.C.No.71/2026 pending before the Court of Principal District and Sessions Judge and Special Judge at Mysuru, arising out of Crime No.54/2025 registered by the Bantwala Police, Dakshina Kannada, for the offences punishable under Sections 103(1), 109(1), 118(1), 118(2), 61(2)(a), 238(a), 238(b), 249(a) r/w Section 3(5) of BNS, 2023, Section 25(1)(a) of Indian Arms Act and Sections 3(1)(i)(ii), 3(2), 3(3), 3(4) of the Karnataka Control of Organized Crime Act, 2000, subject to the following conditions: - 6 - HC-KAR CNR: KAHC010575142026 NC: 2026:KHC:44651 CRL.P No. 12684 of 2026 (a) The Petitioner 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/- with two sureties for the likesum to the satisfaction of the Investigating Officer. (b) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (c) Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon. (d) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 12