Uvez Vs State by Nelamangala Rural Ps

THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.No.378/2025 REGISTERED BY RESPONDENT NELAMANGALA RURAL POLICE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109(1) R/W 190 OF BNS, UNDER SECTION 27(2) OF THE ARMS ACT.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused Nos. 6 and 7

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(as per FIR and accused Nos. 8 and 9 as per remand application) under Section 482 of BNSS praying to grant anticipatory bail in respect of crime No. 378/2025 of Nelamangala Rural Police Station registered for offence under Section 109(1) read with Section 190 of BNS and Section 27(2) of Arms Act.

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Heard learned counsel for petitioners and

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learned HCGP for respondent - State.

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Learned counsel for petitioners would contend

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that no overt act is alleged against the petitioners. Petitioners are stated to have got attempted to kill the

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3 - NC: 2026:KHC:899 CRL.P No. 16161 of 2025

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HC-KAR

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injured through an unknown person. As per remand application it is accused No. 2 who has taken gun from accused No. 4 and shot at the injured at the instance of accused No. 1. There is no role of these petitioners in commission of the alleged offence. Petitioners are ready to cooperate with the Police in the investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioners. On these grounds he prayed to allow the petition.

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Per contra learned HCGP would contend that investigation is in progress. Petitioners are required for custodial interrogation. There is an allegation against the petitioners in the complaint that at their instance the other accused have attempted to kill the injured. With this, she prayed to reject the petition.

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Having heard learned counsel for the parties

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this Court has perused the FIR, complaint and other materials placed on record.

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NC: 2026:KHC:899 CRL.P No. 16161 of 2025

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HC-KAR

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As per averments of the complaint, accused no.

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1, who was having grudge against the injured, who was in jail, had come on parole, was sitting in the real estate office of these petitioners and they were giving financial aid to accused No. 1. An unknown person shot at the injured with a pistol and caused injury. As per averments of the complaint at the instance of these petitioners and accused No. 1, said unknown person had shot at the injured. As per remand application accused No. 2 who took a gun from accused No. 4 and who received information regarding movement of the injured from accused No. 3, fired with a gun at the injured and caused injury. Petitioners have been shown as accused Nos. 8 and 9 in the remand application. There is no specific allegation against these petitioners in the said remand application. Petitioners have undertaken to co-operate with the Police in the investigation and abide by any terms and conditions to be imposed by this Court. There are no criminal antecedents of the petitioners.

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NC: 2026:KHC:899 CRL.P No. 16161 of 2025

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HC-KAR

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Considering the above aspects petitioners have

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made out a case for grant of anticipatory bail with conditions.

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In the result, following;

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O R D E R

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Petition is allowed. Petitioners are ordered to be

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released on bail in the event of their arrest in Crime No. 378/2025 of Nelamangala Rural Police Station subject to following conditions:

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I. Petitioners shall voluntarily appear before the Investigating Officer within 10 days from this day and execute a bail bond for a sum of Rs.1,00,000/each with one surety for the like sum to the satisfaction of the jurisdictional Court.

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