Basavanna. L Vs State of Karnataka

THIS CRL.P FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF BEING ARRESTED BY THEM, IN CRIME NO.132/2025 OF CHAMARAJANAGARA TOWN POLICE STATION, C.C.NO.1274/2025 PENDING IN THE FILE OF THE SENIOR CIVIL JUDGE AND CJM COURT CHAMARAJANAGARA, FOR THE OFFENCE P/US/ 310(2), 310(4), 61 OF BNS 2023 BY ACCEPTING SURETY OR IMPOSING ANY CONDITIONS THIS HONBLE COURT MAY DEEM IT FIT AND ETC.,

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

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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HC-KAR

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ORAL ORDER

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This petition is filed by accused No.8 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant anticipatory bail in Crime No.132/2025 of Chamarajanagar Town Police Station registered for the offences punishable under Sections 310(2), 310(4) and 61 of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’).

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Factual matrix of the case:

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The case of the prosecution is that the complainant is the resident of Tamilnadu. He was running a garment business along with the real estate. It is stated that the complainant had known Ansari for approximately three months, though, he did not know his address or family details. Ansari was calling him, claiming that if the complainant invested money with him, he would double the amount and return it. As per the instructions, the complainant came to Chamarajanagar and met him.

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HC-KAR

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It is further stated that he carried

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Rs.3,00,000/- and as per the instructions, he went to Delhi Darbar Hotel, Chamrajanagar and stayed at Room No.107. After sometime, the said Ansari went to meet the complainant in the said hotel. At that time, four unknown persons entered into his room in the police uniform and threatened him that he was doing illegal business. Therefore, he would be arrested.

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It is further alleged that the persons who were in the police uniform snatched the amount of Rs.3,00,000/- and demanded him to pay additional amount of Rs.1,00,000/-, to ensure that no case would be filed against him. However, the complainant paid amount of Rs.70,000/- via Google Pay. Thereafter, he lodged a complaint before the respondent - police.

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The respondent - Police after registering the case in Cr.No.132/2025 conducted investigation and submitted the charge-sheet.

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HC-KAR

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The submission of learned counsel for the

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petitioner is that the allegation made in the charge sheet that accused Nos. 1 to 6 had participated in the alleged incident. However, omnibus allegations are made against the rest of the accused including the petitioner. The petitioner is the innocent of the alleged offences and he has been falsely implicated in this case. The petitioner is working as a head constable of Chamarajanagar Police Station. Even assuming that the amount has been seized in the said lodge, as per the averments of the complaint, the complainant was giving the amount for the purpose of getting it doubled, illegally.

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It is further submitted that the petitioner was

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on official duty on the date of alleged incident. Moreover, nothing has been recovered at his instance.

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The petitioner being a head constable is ready

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to appear before the Trial Court and he will abide by any conditions imposed by this Court. The offences alleged

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HC-KAR

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against the petitioner are punishable with either death or imprisonment for life. Hence, he may be enlarged on bail. With this, the learned counsel for the petitioner prayed to allow the petition. Making such submissions, the learned counsel for the petitioner prays to allow the petition.

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Per contra, learned High Court Government Pleader for respondent/State vehemently submitted that the petitioner herein being a police official committed heinous offence. The petitioner though seized the amount from the possession of the complainant, no case has been registered against the complainant and others to show their bona-fides. If the petitioner is enlarged on bail, there may be a threat to the witnesses. Hence, it is not appropriate to grant relief, as prayed for. Making such submissions, the learned High Court Government Pleader fir respondent State prays to reject the petition.

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Having heard learned counsel for the respective parties and on perusal of the averments of the charge

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HC-KAR

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sheet, it appears that the complainant visited

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Chamarajanagar and, as per instructions, stayed in Room No. 107 of the 'Delhi Darbar' Hotel . It is alleged that he has been robbed by the petitioner and others. However, as per the averments of the complaint, only six persons were present at the spot when the incident had occurred. Moreover, no identification parade has taken place to identify the persons who were present at the time of alleged incident. Therefore, it is appropriate to grant bail to the petitioner.

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Hence, I proceed to pass the following:

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ORDER

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i) The petition is allowed. ii) The petitioner is ordered to be released on bail

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in the event of his arrest in Crime No.132/2025 of Chamarajanagar Town Police Station registered for offences punishable under Sections 310(2), 310(4) and 61 of BNS, subject to following conditions.

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HC-KAR

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a) The petitioner shall voluntarily appear before the jurisdictional Court within fifteen days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court.

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b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.

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