Dillesha Bangera @ Dillu vs State Of Karnataka

R. Nataraj, J

This petition is filed by the accused No.2 under Section 483 of BNSS seeking release on bail in Spl.C.No.23/2026 on the file of the Principal District and Sessions Judge, Mysuru, arising out of Crime No.76/2025 registered by the respondent for the offences punishable under Sections 351(3) 115(2), 308(5), 111(2)(b), 111(4), 61(1)(a) read with Section 3(5) of BNS and Section 42 of the Karnataka Prisons (Amendment) Act, 2022 And Sections 3(2), 3(4), 3(5) of the Karnataka Control of Organised Crime Act, 2000.

(i) The respondent registered Crime No.76/2025 on the information furnished by an under-trial prisoner who was remanded to judicial custody in Crime No.51/2025 who was lodged in B - Class Cell No.5 at District Prison, Kodialbail, Mangaluru. He alleged that due to previous enmity, the under- trial prisoners namely, Dhanush Bhandary and Sachin Talapady, instigated the petitioner and the accused No.1 to assault him. On 09.07.2025 at about 5.00 p.m., taking advantage of the absence of the prison supervisors, the petitioner and accused No.1 assaulted the complainant and demanded him to pay Rs.50,000/- failing which they would kill him. He alleged that the petitioner and accused No.1 threatened him of dire consequences, if he reports the same to the prison authority. He alleged that fearing any injury, he did not report incident to anyone. He thereafter, contacted his wife through the phone booth in the prison and informed her to transfer an amount of Rs.20,000/- and Rs.10,000/- to two mobile numbers given by the under-trial prisoner namely, Sachin Talapady. He alleged that the petitioner and accused No.1 continued to threaten him and demanded further money.

(ii) As the complainant was unable to meet their demands and fearing for his life, he lodged a written complaint when a surprise inspection was done by the Assistant Commissioner of Police and the Police Inspector of Barke Police Station on 12.07.2025. Consequent to this, the Superintendent of Prison lodged a complaint before the respondent seeking action against the concerned. Consequent to this, Crime No.76/2025 was registered by the respondent for offence punishable under Sections 308(4), 3(5) of BNS against the petitioner and three others. After investigation a charge sheet is filed for the offences mentioned above. The petitioner who was arraigned as accused No.2 filed a petition under Section 483 of BNS before the Sessions Court, which was rejected in terms of an order dated 17.03.2026. The petitioner is therefore, before this Court.

The learned counsel for the petitioner submitted that the offence was allegedly committed on 09.07.2025 but a complaint was lodged only on 12.07.2025 and therefore, the allegation against the petitioner is doubtful. He also contends that there is no evidence to show that the petitioner is involved in any offence punishable under the Karnataka Control of Organised Crime Act, 2000. Besides this, he contends that the respondent have already filed a charge sheet and the petitioner is no more required to be kept in prison. He also contends that the offence alleged against the petitioner is under Section 308 of BNS, which is neither punishable with death or imprisonment for life. He contends that the petitioner is willing to abide by any condition imposed by this Court.

Per contra, the learned High Court Government Pleader submitted that during investigation, the police have verified the bank accounts and secured information about the amounts transferred from the account of the wife of the complainant. She contends that the petitioner is a rowdy sheeter and therefore, releasing him on bail would embolden him to commit similar offences. She contends that there are two cases that are pending against the petitioner namely, Crime No.46/2022 registered by Mangaluru Dakshina Police for the offences punishable under Sections 143, 147, 148, 120B, 109, 114, 302, 506, 212, 201 read with Section 149 of IPC and another case in Crime No.36/2023 for the offences punishable under Section 424 of IPC and Section 42 of the Karnataka Prisons (Amendment) Act, 2022. She contends that besides the above, the prosecution has pressed into a service an offence punishable under Section 3(1) of Karnataka Control of Organised Crime Act, 2000, and if convicted, he can be punished with death or imprisonment for life. Therefore, she prays that the petition be rejected.

I have considered the submissions of the learned counsel for the petitioner as well as the learned High Court Government Pleader for the respondent.

The accused No.3 was one of the accused who had purportedly set up the accused No.2 to assault the complainant. It is undisputed that the accused No.3 is also a rowdy sheeter and there are nearly three cases pending against the accused No.3 some of which are grave in nature. Hence, there is no jurisdiction in granting bail to the accused No.3 and refusing bail to the petitioner who was arraigned as accused No.2. The Trial Court having once held that the investigation of the case is completed and that there is no need for further collection of evidence and therefore, the presence of the accused is not necessary, could not have rejected the application filed by the petitioner on the ground that the respondent had invoked Section 3(1) of Karnataka Control of Organised Crime Act, 2000. There is nothing to show that the petitioner herein was part of the organised crime syndicate and that there were cases in the past involving the accused Nos.3 and 4. Therefore, the Trial Court instead of considering the case from this perspective has rejected the petition filed by the petitioner on a different ground. It is now well settled that mere pendency of some criminal cases itself is not a ground for rejection of a petition for bail.

In that view of the matter, the petition for bail deserves to be considered favourably but however, subject to conditions appearing hereinbelow so as to allay the fear expressed by the learned High Court Government Pleader.

Consequently, the petition is allowed. The petitioner is ordered to be released on bail in Spl.C.No.23/2026 on the file of the Principal District and Sessions Judge, Mysuru, arising out of Crime No.76/2025 registered by the respondent for the offences punishable under Sections 351(3) 115(2), 308(5), 111(2)(b), 111(4), 61(1)(a) read with Section 3(5) of BNS and Section 42 of the Karnataka Prisons (Amendment) Act, 2022 And Sections 3(2), 3(4), 3(5) of the Karnataka Control of Organised Crime Act, 2000, subject to the following conditions:

a. He shall execute a personal bond for a sum of Rs.2,00,000/- with a solvent surety for the likesum and to the satisfaction of the Trial Court.

b. He shall appear before the Court on all dates of hearing unless exempted by the Court.

c. He shall not commit any offence similar to the offence of which he is accused or suspected and he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

d. He shall not leave the jurisdiction of the Court without seeking its permission.

In the event of violation of any of the above conditions, it is open for the Investigating Officer / prosecution to seek for cancellation of the bail.