List No.: 1 Sl No.: 13 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13368 OF 2025 (438(Cr.PC) /

482(BNSS))

BETWEEN:

1. VISHWA @ MUDDE @ VISHWANATH M S/O. MRUTHYUNJAYA AGED ABOUT 34 YEARS R/O HALADAMMA BEEDI BHADRAVATHI TALUK SHIVAMOGGA – 577 301.

2. YEREHALLI TAMA @ RAKESH KAO A CHWAN S/O. ANNAPPA Digitally signed by AGED ABOUT 30 YEARS.

LAKSHMINARA YANA MURTHY RAJASHRI R/6. # 47 YEREHATI MAM ROAD Location: HIGH BHADRAVATHI TALUK COURT OF SHIVAMOGGA – 577 301.

KARNATAKA …PETITIONERS (BY SRI M S SHYAM SUNDAR SENIOR COUNSEL SMT. VANDANA P L, ADVOCATE)

AND:

1. STATE OF KARNATAKA BY POLICE SUB INSPECTOR NEW TOWN POLICE STATION BHADRAVATHI.

SHIVAMOGGA – 577 301.

REP. BY SPP HIGH COURT BUILDINGS BANGALORE.

…RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP SRI H SIDDESH, FOR DEFACTO COMPLAINANT)

THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNNS) PRAYING TO GRANT PROTECTION OF ANTICIPATORY BAIL TO THE PETITIONERS IN THE EVENT OF THEIR ARREST IN CR.No.184/2025 PENDING ON THE FILE OF THE HON’BLE IV ADDL. CIVIL JUDGE AND JMFC, BHADRAVATHI FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 189(2), 189(4), 191(2), 191(3), 109(1), 118(1), 140(1), 115(2) AND 190 OF BNS, 2023 AND SECTION 25(1)(A) OF THE ARMS ACT, BHADRAVATHI NEW TOWN POLICE STATION.

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 petitioners -accused Nos.1 and 3 under Section 482 of the BNSS praying grant anticipatory bail in Crime No.184/2025 of Bhadravathi New Town Police Station registered for offences punishable under Sections 189(2), 189(4), 191(2), 191(3), 109(1), 118(1), 140(1), 115(2), and 190 of BNS and Section

25(1)(A) of the Arms Act.

2. Heard learned Senior Counsel for petitioners and learned High Court Government Pleader for the respondent -State.

3. Learned Senior Counsel for petitioners would contend that present crime has been registered at the first information of one Bharat against whom a case has been registered in Crime No.71/2025 in Bhadravathi Rural Town Police Station wherein the petitioner No.1 herein was a victim. In order to take revenge, a false complaint has been filed against petitioners. He further submitted that in the said Crime No.71/2025, accused persons have been granted anticipatory bail and very same judicial officer has rejected the anticipatory bail petition of present petitioners. He submits that petitioners are ready to co-

operate with the police in the investigation and abide by any terms and conditions to be imposed by this Court.

With this, he prayed to allow the petition.

4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the injured in the incident has sustained 03 injuries. Out of them, one injury is on the temporal and occipital region and it is considered to be a vital part of the body. The weapon used is a deadly weapon and that itself indicate that in order to commit murder the assault has been made on the head of the injured. The petitioner No.1 is having criminal antecedents and earlier 08 cases were registered against him and out of them 03 cases are registered for offence punishable under Section 307 of IPC. If petitioners are granted bail, there is a threat to the First informant and other prosecution witnesses and there are chances of they hampering the investigation.

5. In reply, learned Senior Counsel for petitioners would contend that only 06 cases are registered against the petitioner No.1 and he has been acquitted in the said cases and in one petty case he has been imposed fine of Rs.300/-.

6. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on the Court.

7. On the first information of one Bharat, a case came to be registered against petitioners and another in Crime No.184/2025 of Bhadravathi New Town Poli