G. Pavankumar & Anr. vs State By Molakalmuru Police Station

Accused Nos.1, 4 and 6 in Crime No.89 of 2026 registered by Molakalmuru Police Station, Chitradurga for the offences punishable under Section 190, 310(2) and 318(4) of BNS, 2023, are before this Court in these two petitions filed under Section 483 of BNSS, 2023 seeking regular bail.

Heard the learned counsel for the parties.

FIR in Crime No.89 of 2026 was registered by Molakalmuru Police Station, Chitradurga against one Venkatesha and others, based on the first information dated 19.04.2026 received from Jayaramulu, Son of Venkataramappa, who is the alleged victim in the present case. During the course of investigation, accused Nos.1 and 4 were arrested on 02.05.2026 and accused No.6 was arrested on 23.06.2026. After completing investigation, charge sheet is now filed against 7 persons and petitioners herein are arraigned as accused Nos.1, 4 and 6 in the charge sheet. Their bail application filed before the jurisdictional Sessions Court was rejected and therefore, they are before this Court.

In the first information dated 19.04.2026 submitted by Jayaramulu, who is the alleged victim in the present case, it is stated that on 12.04.2026, his son-in-law Janardhana had telephoned him and informed him that accused No.1-Venkatesh, who was known to him, was in possession of gold coins, which he had found while digging the land in his village at Udupi and he allegedly requested the first informant to purchase the said gold coins, which Venkatesha was intending to sell. Therefore, on 16.04.2026 first informant and his son-in-law had met Venkatesha, who had shown them two gold coins.

On verification, the said coins were found to be genuine gold coins. On 19.04.2026, first informant and his son-in-law/Janardhan again met Venkatesha and the other accused persons, who had promised them to hand over the gold coins. First informant who had carried a sum of Rs.28,00,000/- in a bag, handed over the same to Venkatesha. Thereafter, Venkatesha handed over another bag, allegedly containing gold coins and hurriedly left the spot. On verification, it was found that the said bag contained spurious gold coins and it is under these circumstances, FIR was registered against Venkatesha and others. During the course of investigation, petitioners were arrested and after completing investigation, charge sheet is now filed against 7 persons.

It is not in dispute that the petitioners do not have any similar criminal antecedents. During the course of investigation, the police have recovered totally a sum of Rs.24,84,000/- from the arrested accused. Accused Nos.2, 5 and 7 are shown as absconding in the charge sheet. Since the investigation is already completed and charge sheet is filed, custody of the petitioners is no more required. The alleged offences against the petitioners are not exclusively punishable with life imprisonment or with death sentence. Trial in the case in set to commence.

Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following:

The Criminal Petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.89 of 2026 registered by Molakalmuru Police Station, Chitradurga for the offences punishable under Section 190, 310(2) and 318(4) of BNS, 2023, subject to the following conditions: