KARNATAKA v. (BY SMT. ASMA KOUSER, ADDL. SPP)

(BY SRI NITHIN GOWDA K.C, ADV., FOR SRI PRASANNA KUMAR P, ADV.) AND:

STATE OF KARNATAKA BY THE COMMISSIONER OF POLICE BENGALURU CITY NO.1 INFANTRY ROAD BENGALURU - 560 001.

STATE OF HARYANA BY THE POLICE STATION CITY JAGADHRI DISTRICT YAMUNA S Location: HIGH COURT OF KARNATAKA …PETITIONERS - 2 - NC: 2025:KHC:23387 CRL.P No. 9122 of 2025 HC-KAR NAGAR, HARYANA - 135 001 NOW BEING INVESTIGATED BY THE SPECIAL TASK FORCE UNIT AMBALA, HARYANA - 133 001. (BY SMT. ASMA KOUSER, ADDL. SPP) …RESPONDENTS THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT THE RELIEF OF TRANSIT BAIL IN FAVAOUR OF THE PETITIONERS HEREIN THE THE EVENT OF THEIR ARREST IN CONNECTION WITH THE CASE IN FIR BEARING CR.NO.630 DATED 26.11.2024 BY THE P.S. CITY JAGADHRI DISTRICT YAMUNA NAGAR, HARYANA P/U/S THE 111(2),111(3),111(4),111(5),319(2),318(4),338,336(3),340(2) AND SEC.61 OF BNS, 2023 AND SEC.12(1) OF THE PASSPORT ACT 1967 FOR A PERIOD OF FOUR WEEKS. OFFENCE FOR THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER The petitioners are before this Court seeking transit bail in Crime No.630/2024 registered by Police Station, Jagadhri City, Yamuna Nagar District, Haryana State for the offences punishable under Sections 112(2), 111(3), 111(4), 111(5), 319(2), 318(4), 338, 336(3), 340(2) and Section 61 of BNS, 2023 and Section 12(1) of the Passport Act, 1967. - 3 - NC: 2025:KHC:23387 CRL.P No. 9122 of 2025 HC-KAR

2. Heard the learned counsel appearing for the petitioners and learned Addl. SPP appearing on behalf of respondent No.1.

Learned counsel for the petitioners submits that the petitioners are serving as Police Head Constables in Hennuru Police Station, Bengaluru and they have now received a enquiry notice asking them to join investigation in Crime No.630/2024 registered by Police Station, Jagadhri City, Yamuna Nagar District, Haryana State. He submits that, the petitioners are apprehending arrest and therefore they intend to file necessary application before jurisdictional Court at Haryana State seeking anticipatory bail. He submits that, therefore, for a limited purpose to enable the petitioners to approach the jurisdictional Court at Haryana their prayer made in the petition may be granted.

Learned HCGP has opposed the petition. She submits that, FIR has been registered in the year 2024. Therefore, there cannot be any apprehension on part of - 4 - NC: 2025:KHC:23387 CRL.P No. 9122 of 2025 HC-KAR the petitioners that they are likely to be arrested in the present case. Accordingly, she prays to dismiss the petition.

From a reading of enquiry notice issued to the petitioners it is clear that, the petitioners are working as Police Head Constables at Hennuru Police Station, Bengaluru. The enquiry notice has been issued to the petitioners asking them to join investigation in the aforesaid criminal case and in the enquiry notice it is also stated that in the event the petitioners do not join investigation, suitable action will be taken against them. Therefore, apprehension expressed by the learned counsel for the petitioners cannot be brushed aside.

The petitioners do not have any criminal antecedents and they are Government Servants working as Police Head Constable at Hennuru Police Station, Bengaluru. The petitioners intend to seek appropriate relief before the jurisdictional Court at Haryana State since they are apprehending arrest in Crime No.630/2024 - 5 - NC: 2025:KHC:23387 CRL.P No. 9122 of 2025 HC-KAR registered by Police Station, Jagadhri City, Yamuna Nagar District, Haryana State. Under these circumstances, so as to enable the petitioners to approach the jurisdictional Court and seek appropriate relief, it is necessary to give some protection to them for a limited period, subject to appropriate conditions.