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Judgment
Accused no.9 in Crime no.422/2025 registered by Thalaghattapura Police Station for offences punishable under Sections 111(2), 61(2), 140(3), 308(2), 118(1), 351(2), 352 and 190 of The Bharatiya Nyaya Sanhita, 2023 (BNS, 2023) is before this Court in a petition filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) seeking for anticipatory bail.
Heard learned counsel for the parties.
FIR in Crime no.422/2026 was registered by Thalaghattapura Police Station against one Prajwal and Others. Based on first information received from Lokesh, alleged victim, son of one of them. In the FIR, petitioner was arrayed as accused no.15. After completing investigation, chargesheet is now filed in which he is arrayed as accused no.9. Apprehending arrest in the case, petitioner had approached the jurisdictional Sessions Court in Crl.Misc.no.2590/2025, which was rejected on 27.01.2026. Therefore, he is before this Court.
Perusal of the material on record would go to show that accused no.7 in the present case had approached this Court in Crl.P.no.7421/2026 seeking regular bail. Said petition was allowed on 21.07.2026. In paragraph no.5 of the order passed in Crl.P.no.7421/2026, it is observed as follows-
" 5. A reading of the charge sheet would go to show that the first informant, who is the alleged victim in the present case, was working as a Business Advisor in the real estate office of accused No.4. It appears that gold jewellery weighing about 150 grams, which was pledged by accused No.4 with Kosamattam Finance, was got released by the first informant-CW.1, and he had not handed over the same to accused No.4. It also appears that certain property documents belonging to accused No.4 were collected by CW.1 and kept in his custody. Under the said circumstances, the accused persons kidnapped CW.1 on 11.11.2025 and, after recovering the gold jewellery, property documents, etc., released him on 14.11.2025. The alleged victim approached the Police belatedly on 21.11.2025, nearly a week after he was released by the accused persons, who had allegedly kidnapped him. Investigation of the case is now completed and the charge sheet has been filed."
Considering the aforesaid observation and also taking into consideration that the investigation is now completed, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:
ORDER
The petition is allowed.
ii) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No422/2025 registered by Thalabhattapura Police Station for the offences punishable under Sections 111(2), 61(2), 140(3), 308(2), 118(1), 351(2), 352 and 190 of BNS, 2023, subject to the following conditions:
The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/-with two sureties for the likesum to the satisfaction of the investigating officer.
Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.
The petitioner shall not involve in similar offences in future;
6.