Sunil, Vs the State of Karnataka — Anticipatory Bail | Karnataka HC (2025)

Sunil, Vs the State of Karnataka — Anticipatory Bail | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner/accused to be released on bail in the event of arrest in Crime No.171/2024 of Sakaleshpura Rural Police Station, Hassan, subject to conditions — (a) appear before the Investigation Officer within one week of receipt of the order and execute a bond of Rs.1,00,000/- with two sureties for the likesum; (b) furnish proof of residential address and inform IO/Court of any change; (c) mark attendance before the Jurisdictional Police Station every Saturday between 11:00 a.m. and 01:00 p.m. till conclusion of investigation; (d) not tamper with prosecution witnesses or evidence; (e) cooperate with the investigation; (f) not involve in any criminal activity or commit similar offences; (g) be regular in attending court proceedings.

Issue for consideration

Whether the petitioner, booked in Crime No.171/2024 of Sakaleshpura Rural Police Station for an offence punishable under Section 303(2) of BNS 2023, is entitled to be enlarged on anticipatory bail under Section 438 CrPC / Section 482 BNSS.

Court's answer

The offences alleged are not punishable with death or imprisonment for life.

Ratio / Principle

It is not forthcoming from the mahazar how the identity of the driver was revealed.

Key takeaways

The petitioner has undertaken to cooperate with the investigation of the case.ratio¶34
Considering the facts and circumstances and the punishment prescribed, the relief sought by the petitioner can be granted by imposing conditions.ratio¶37
The criminal petition is allowed, and the petitioner/accused shall be released on bail in the event of his arrest in Crime No.171/2024 of Sakaleshpura Rural Police Station, Hassan, subject to conditions.ratio

Detailed headnote1 paragraphs

Anticipatory bail — granted. Petitioner Sunil, arraigned in Crime No.171/2024 of Sakaleshpura Rural Police Station, Hassan, for an offence punishable under Section 303(2) of BNS 2023, sought pre-arrest bail under S.438 CrPC / S.482 BNSS, the case being pending before the Prl. Civil Judge (Jr.Dn.) and JMFC Court, Sakaleshpura. Allegations: on 03.10.2024 the petitioner committed theft of sand and transported it illegally in pickup vehicle KA-46-7808; on credible information a suo-moto case was registered on a police complaint; the accused abandoned the vehicle and fled when police and panchas reached the spot, and the vehicle with sand was seized under a mahazar. The Learned Additional SPP opposed, contending the petitioner is a rowdy sheeter involved in a number of similar cases who may not cooperate and may repeat such offences. The court reasoned that the offences alleged are not punishable with death or imprisonment for life, that the mahazar does not disclose how the identity of the driver was revealed, and that the petitioner undertook to cooperate with the investigation; hence, considering the facts, circumstances and prescribed punishment, relief could be granted with conditions. The criminal petition was allowed: release on bail in the event of arrest, upon appearance before the IO within one week and execution of a Rs.1,00,000/- bond with two sureties for the likesum, furnishing address proof, weekly Saturday reporting at the jurisdictional police station (11:00 a.m.–01:00 p.m.) till conclusion of investigation, no tampering with witnesses/evidence, cooperation with investigation, abstention from criminal activity/similar offences, and regularity in attending court proceedings. Oral order dated 07.01.2025 by Hon'ble Mr Justice Mohammad Nawaz (single judge).