Venkatesh Babu Vs State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNNS) PRAYING TO DIRECT THE RESPONDENT/DEVANAHALLI PS TO RELEASE THE PETITIONER/ACCUSED No.1 ON BAIL IN THE EVENT OF HIS ARREST IN CR.No.128/2025 REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 140(1), 351(2), 310(2) OF BNS, 2023.

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NC: 2025:KHC:47616 CRL.P No. 14678 of 2025

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HC-KAR

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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 No.1 under Section 482

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of BNSS praying to grant anticipatory bail in Crime No.128/2025 of Devanahalli Police Station registered for offences punishable under Sections 115(2), 140(1), 351(2), 310(2) of BNS.

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Heard learned Senior Counsel for the petitioner and learned High Court Government Pleader for the respondent –State.

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Learned Senior Counsel for the petitioner would contend that the alleged incident has taken place on 25/26.05.2025 and the complaint has been filed on 27.09.2025 and there is a delay of 04 months in filing the complaint. On reading of the averments of the complaint, the offence under Section 310(2) of BNS is not attracted against the petitioner. The petitioner is known to the victim and she

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3 - NC: 2025:KHC:47616 CRL.P No. 14678 of 2025

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HC-KAR

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kept quite for long 04 months. There might be some real estate dispute among the petitioner and the complainant. Persons alleged to have robbed the bag containing cash and the necklace are different persons who are sitting in the back seat of the car. The first informant ought to have intimated the doctor with whom she took treatment. The petitioner is ready to co-operate with the police in the investigation and abide by any terms and conditions to be imposed by this Court. The petitioner is not having any criminal antecedents. With these, he prays to allow the petition.

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Per contra , learned High Court Government Pleader for the respondent –State would contend that the petitioner is involved in a murder case as accused No.6 in Maharastra in Crime No.299/2025 occurred on 23.10.2025. Averments of the first information indicate kidnap and dacoity. The petitioner is required for custodial interrogation. The case is now transferred to CCB for investigation. With this, he prayed to reject the petition.

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NC: 2025:KHC:47616 CRL.P No. 14678 of 2025

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HC-KAR

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Having heard learned counsels, this Court has

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perused FIR, complaint and other materials placed on record.

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On reading of the averments of the complaint, it is

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clear that the petitioner is known to the first informant and both were doing real estate business. There was grudge stated to be by this petitioner against the victim, as the victim got her money back with the help of accused No.2 from one Sreenivas Reddy. The averments of the first information indicate that this petitioner has not robbed the bag of the first informant containing cash and diamond necklace. Therefore, there is no question of any recovery at the instance of this petitioner. There is a delay in filing the complaint i.e., 04 months. The petitioner has undertaken to co-operate with the police in investigation and abide by any terms and conditions to be imposed by this Court. The FIR of Maharastha which is made available is pertains to incident dated 23.10.2025 and FIR does not contain the name of this petitioner as accused. Considering the said aspect, at this stage it cannot be stated that the petitioner is having criminal

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HC-KAR

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antecedents. Considering the above aspects, the petitioner

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

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In the result, the following

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ORDER

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i) The petition is allowed.

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ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.128/2025 of Devanahalli Police Station subject to following conditions:

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a) The petitioner –accused No.1 shall voluntarily appear before the Investigating Officer within 15 days from this day and execute a bail bond for sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigation Officer.

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b) The petitioner –accused No.1 co-operate with the Investigating Officer in investigation.

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c) The petitioner –accused No.1 shall appear before the Investigating Officer whenever called for.

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HC-KAR

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d) The petitioner –accused No.1 shall not directly or indirectly make an inducement or threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such a facts to the court or police officer or tamper with the evidence.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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DSP List No.: 1 Sl No.: 16 Ct.sm

Venkatesh Babu v. State of Karnataka

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Venkatesh Babu v. State of Karnataka

Case brief

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