IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13112 OF 2025 BETWEEN:

SRI DHANUSH @ BONDA S/O MANIGANDAN AGED ABOUT 25 YEARS R/AT NO.12, 5^TH CROSS, SUDHUGUNTAPALYA, BANGALORE - 560 093 …PETITIONER (BY SRI. JOHNSON J., ADVOCATE)

AND:

Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI STATE BY STATION HOUSE OFFICER Location: HIGH COURT OF BYAPPANAHALLI POLICE STATION KARN ATAKA BANGALORE CITY (REPRESENTED BY STATE PUBLIC PROSECUTOR)

…RESPONDENT (BY SMT. PUSHPALATHA B, ADDITIONAL SPP)

THIS CRIMINAL PETITION IS FILED UNDR SECTION 438 OF CODE OF CRIMINAL PROCEDURE (FILED UNDER SECTION 482 BNSS) PRAYING TO ORDER THE PETITIONERS TO BE ENLARGED ON ANTICIPATORY BAIL IN CRIME NO.188/2025 OF BYAPPANNAHALLI POLICE STATION, PENDING ON THE FILE OF THE X ADDITIONAL CHIEF JUDICIAL MAGISTATE, BENGALURU FOR OFFENCES PUNISHABLE UNDER SECTION 109 READWITH

3(5) OF BNS.

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 accused No.3 under Section

482 of Bharatiya Nagrika Suraksha Sanhita, 2023 seeking grant of anticipatory bail registered in Crime No.188/2025 of Byappanahalli Police Station registered for the offences punishable under Section 109 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.

2. Heard learned counsel the petitioner and learned Additional Special Public Prosecutor for the respondent.

3. Learned counsel for the petitioner would contend that, accused Nos.1 and 2 have been granted bail by the Sessions Court. He further submits that, the allegation against the petitioner is that, he instigated the other accused to kill the complainant. Accused No.1 has filed a counter complaint against the first informant and it is registered in Crime No.189/2025. He submits that, the petitioner is ready to cooperate with the police in investigation and ready to abide any terms and conditions to be imposed by this Court. With these, he prayed to allow the petition.

4. Per contra, learned Additional Special Public Prosecutor would contend that, the investigation is in progress and the wound certificate indicates that the injured has sustained simple injuries. With this, she prayed for rejection of the petition.

5. Having heard the learned counsels appearing for parties, this Court has perused the FIR, complaint and other materials placed on record.

6. In the first information report of Sri Nandakumar D., case has been registered in Crime No.188/2025 of Byappanahalli Police Station against accused Nos.1 to 3 for offences punishable under Section 109 read with Section 3(5) of BNS. The petitioner has been arraigned as accused No.3 in the said First Information Report. As per the said first information report, accused Nos.1 to 3 asked the complainant and his friend to sit in BMW car and when they refused, accused No.1 assaulted the complainant with hand on his head and when his friend came to rescue him, accused No.2 took the chopper which was kept in the car and assaulted Jayasurya - friend of complainant on his back and when complainant and his friend tried to escape, petitioner/accused No.3 instigated the other accused to kill them.

7. Considering the said aspects, the accusation against petitioner/accused No.3 is that, he instigated the other accused to kill them. There is serious overtact alleged against accused Nos.1 and 2 and they have been granted regular bail by the Sessions Court. The petitioner has undertaken to co-operate with the police in investigation and abide the conditions to be imposed by this Court. The petitioner/accused No.3 has made out a case for grant of anticipatory bail with conditions. In the result, I pass the following:

ORDER

This Criminal Petition is allowed. The petitioner is granted anticipatory bail in Crime No.188/2025 of Byappanahalli Police Station and is ordered to be released on bail in the event h