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Judgment
Accused No.2 in Crime No.464/2026 registered by the K.R.Puram Police Station, Bangalore, for the offence punishable under Section 109 r/w Section 3(5) BNS 2023 Act and Section 25(1B) (b) of the Arms Act, 1959 is before this Court filed under Section 482 of the BNS 2023 seeking anticipatory bail.
Heard the learned counsel for the parties.
FIR in Crime No.464/2026 was filed by K.R.Puram Police Station, Bangalore, for the aforesaid offences against Umar and others based on the first information dated 30.06.2026 received from one Abdul Nadeem, who is one of the injured victim in the present case. Apprehending the arrest petitioner herein had filed Crl.Misc.No.25609/2026 before the jurisdictional Sessions Court which was rejected on 22.07.2026. Therefore, he is before this Court.
Perusal of the material on record would go to show that name of the petitioner is not found in the FIR registered based on the first information received from the injured victim. Accused Nos. 1 and 9 who are arrested in the criminal case had approached this Court in Crl.P.No.11378/2026 which was allowed on 27.08.2026. In paragraph 4 of the said order it is observed as follows;
"4.Perusal of the material on record would go to show that name of accused No.1 is not found in the FIR. Out of the nine accused in the present case, only petitioners, who are arrayed as accused Nos. 1 and 9 have been arrested. Accused No.1 has no other criminal antecedents and insofar as accused No.9 is concerned, one case is registered against him in Crime No.692/2023 for the offences punishable under Sections 399 and 402 of IPC. Wound certificate of injured victim Abdul Nadeem, would go to show that he has suffered one laceration over his left temporal region of scalp, which is certified as simple injury by the Doctor.
Subsequently, accused No.5 has been granted anticipatory bail by this Court in Crl.P.No.12581/2026 disposed on 09.09.2026.
Learned counsel for the petitioner submits that petitioner has no criminal antecedents.
Under these circumstances, I am of the view that the petitioner has made out a case for grant of anticipatory bail.
Accordingly, the petition is allowed. 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 Crime No.464/2026 registered by the K.R.Puram Police Station, Bangalore for the offence punishable under Section 109 r/w Section 3(5) BNS 2023 Act and Section 25(1B) (b) of the Arms Act, 1959, subject to the following conditions:
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/-each with two sureties for the likesum to the satisfaction of the investigating officer;
Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons;
Petitioner shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon till filing of final report;
Petitioner shall not involve in similar offences in future.