AI Structured Summary
Not yet generated for this judgment
Judgment
Accused No.1 in Crime No.132/2025 registered by Chamarajanagar Town Police Station, Chamarajanagar, for the offences punishable under Sections 310(2), 310(4) and 61 of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.
Heard the learned counsel for the parties.
FIR in Crime No.132/2025 was registered by Chamarajanagar Town Police Station, Chamarajanagar, against petitioner and others based on the first information dated 27.07.2025 received from Sachithanantham S/o Munuswamy. In the said case, petitioner was arrested on 29.07.2025 and remanded to judicial custody. Investigation of the case is completed and charge sheet is filed, in which petitioner is arraigned as accused No.1. His bail application filed before the Trial Court was rejected. Therefore, he is before this Court.
Charge sheet in the present case has been filed against eight persons in which petitioner is arraigned as accused No.1. Except the petitioner, all other accused persons have been enlarged on bail in the present case. The Co-ordinate Bench of this Court had granted anticipatory bail to accused No.6 in Crl.P.No.16717/2025 on 10.02.2026. In paragraph Nos.8, 9 and 10 of the said order, it is observed as follows:-
"8.The case of the prosecution is that accused No.1 instigated the first informant to invest money on the promise of receiving double the amount invested. Believing the words of accused No.1, the first informant, along with cash of Rs.2,00,000/-, went to Room No.107 of Delhi Darbar Hotel, Chamarajanagar, wherein four persons, along with one person in police uniform, came and took a total cash of Rs.3,00,000/- and further demanded payment of Rs.1,00,000/-. The first informant also transferred a sum of Rs.70,000/- through Google Pay to the contact number 9449576887, which stands in the name of Syed Imran, accused No.3. There is recovery of Rs.50,000/- from accused No.2 and Rs.70,000/- from accused No.3.
9.The further statement of the complainant was recorded on 13.08.2025. In that, he has stated that after coming out of the police station at about 3.30 a.m., he received a sum of Rs.3,70,000/- in cash from an unknown person, who asked him to withdraw the complaint. The charge sheet does not indicate that the first informant informing that he has received Rs.3,70,000/- immediately after filing the complaint at 03.30 a.m. to the Station House Officer. But he has stated the same on 13.08.2025 in his further statement. Even after receiving back the entire alleged robbed amount, there is a seizure of Rs.70,000/- and Rs.25,000/- by the Investigating Officer.
10.It is submitted by the learned counsel for the petitioner that, as the complainant received back the entire robbed amount of Rs.3,70,000/- on the very day of the complaint and did not inform the same to the police immediately, which give rise to doubt regarding the bonafides of the complainant, therefore, the complaint is doubtful. The alleged transfer of Rs.70,000/- by way of Google Pay by the complainant is to the account of accused No.3. The investigation is over and charge sheet has been filed and therefore the petitioner is not required for any further custodial interrogation. The petitioner has undertaken to appear before the Trial Court and abide by any conditions to be imposed by this Court.
Subsequently, other accused persons arrested in the present case have been granted regular bail by this Court in Crl.P.No.16387/2025 C/w Crl.P.No.16403/2025, Crl.P.No.16575/2025 and Crl.P.No.17385/2025. Under the circumstances, I am of the opinion that even the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-
The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.132/2025 registered by Chamarajanagar Town Police Station, Chamarajanagar, for the offences punishable under Sections 310(2), 310(4) and 61 of BNS, 2023, subject to the following conditions:
Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
The petitioner shall not involve in similar offences in future;
The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.