Sri. Venkateshwaralu. P. S. Vs the State of Karnataka

This petition is filed by the petitioner, who is the sole accused in Crime No.452/2025 filed by the respondent-Police for offences punishable under Section 132, 324(5) and 326(g) of The Bharatiya Nyaya Sanhita, 2023 (for short BNS), seeking anticipatory bail.

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Factual matrix of the case:

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The case of the prosecution is that a complaint

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came to be registered by R. Nagendra Rao, Police Sub-Inspector stating that on 27.12.2025 at about 9.30 p.m., while he was checking drink and drive cases at Kavika Junction, about 10.35 p.m., the petitioner came in Black Color Bajaj Discover two-wheeler bearing its registration No. KA-51-W-5500 from Mysore Road towards Byatarayanapura. The complainant stopped the said vehicle and asked him to cooperate with the investigation

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HC-KAR

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to find out whether the petitioner had consumed alcohol or not. But, the petitioner refused to blow the alchometer and obstructed the duty of the Government Official. The petitioner9s vehicle was seized and taken to the Police Station, and parked there.

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It is further alleged that the petitioner herein had committed a mistake by setting fire to his vehicle and running away from the spot. Hence, this complaint. On receiving the said complaint, the respondent-Police registered a case and conducted the investigation. The investigation is in progress.

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Heard Sri. Prakasha M., learned counsel for the

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petitioner and Sri. Rangaswamy R., learned High Court Government Pleader for respondent 3 State.

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Learned counsel for the petitioner submits that the petitioner is innocent of the alleged offences. The allegation made against the petitioner is that he had set a fire to the motorcycle, which was parked in front of the

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HC-KAR

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Police Station. However, the complainant had not seen the actual assailant who set the fire to the motorcycle. The petitioner is aged about 42 years, and he is a resident of Papaiah Garden, Kathriguppe, Bangalore, and he is working at Toyota Company. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition.

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Per Contra , learned High Court Government Pleader for the respondent vehemently submitted that the petitioner is a permanent resident of Andhra Pradesh and he has committed a mischief by lighting the fire to the Discovery bike, which was parked in front of the Police Station. As a result of this, two more vehicles were also burnt in the said incident. The petitioner had committed a heinous offence and caused damage to other vehicles also. Hence, it is not appropriate to grant him bail. Making such submissions, the learned High Court Government Pleader for the respondent 3 State prays to reject the petition.

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HC-KAR

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Heard learned counsel for the respective parties

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and perused the averments of the complaint. It appears from the record that the petitioner was riding his motorcycle on the date of the alleged incident, and he was asked to blow the breathalyser during night hours. But the petitioner refused to blow. However, there was a scuffle between the Petitioner and the Police. It is further noticed here that the vehicle of the petitioner had been parked in front of the Police Station, as he has refused to pay the fine. It is further alleged that the petitioner had set a fire on the motorcycle as a result of which the other two vehicles also got damaged in the said incident. However, on reading the averments of the complaint, it appears that the complainant was not the eyewitness to the incident.

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Having considered the facts and circumstances

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of the case, it is appropriate to grant bail to the petitioner by imposing suitable conditions.

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HC-KAR

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Hence, I proceed to pass the following:

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ORDER

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(i) This Criminal Petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.452/2025 filed by respondent-Police for offences punishable under Section 132, 324(5) and 326(g) of the BNS, 2023, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one local surety for the like sum of the satisfaction of the Investigating Officer.

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(iii) The petitioner shall appear before the jurisdictional Police within a period of one month from today to execute a

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