Dinesha S.M. & Ors vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by accused Nos.1 to 3 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.166/2025 of Nagamangala Rural Police Station registered for offences punishable under Sections 54, 316(2), 318(4), 126(2), 352, 351(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.

Heard learned counsel for petitioners and learned High Court Government Pleader for respondent - State.

Learned counsel for petitioners would contend that, the offences alleged against the petitioners are not punishable either with death or imprisonment for life. The petitioners are ready to cooperate with the Investigating Officer in investigation. There are no criminal antecedents of the petitioners. Accused No.3 has deposited Rs.70,000/-which has been got transferred from the complainant to the bank account of accused No.3. He further submits that, petitioner No.3/accused No.3 has no objection for releasing the said amount of Rs.70,000/- to the complainant - Ankit Kumar. With these, he prayed to allow the petition.

Per contra, learned High Court Government Pleader for respondent would contend that, the investigation is in progress. The petitioners are required for custodial interrogation. With these, she prayed for dismissal of the petition.

Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record.

As per averments of the complaint the accused persons have promised to give a coin to the first informant containing Ramalakshman stating that it is having divine power. The first informant gave Rs.1,00,000/- by cash to accused No.1 and transferred Rs.30,000/- plus Rs.40,000/- to the QR code given by the accused persons. The first informant found that the said coin given by the accused persons does not have any divine power and therefore, he filed a complaint against the petitioners. Petitioner No.3/accused No.3 who stated to have received Rs.70,000/- by way of transfer from the first informant has now deposited the said amount before the trial Court on 04.02.2026. Learned counsel for petitioners submits that, petitioner No.3/accused No.3 has no objection for releasing the said amount of Rs.70,000/- deposited by petitioner No.3/accused No.3 to the first informant - Ankit Kumar. The offences alleged against petitioners are not punishable either with the death or imprisonment for life. The petitioners have undertaken to cooperate with Investigating Officer in the investigation. There are no criminal antecedents of the petitioners.

Considering all the above aspects, the petitioners have made out a case for grant of anticipatory bail with conditions. In the result, the following;

ORDER

The Criminal Petition is allowed. The petitioners are granted anticipatory bail in Crime No.166/2025 of Nagamangala Rural Police Station and are ordered to be released on bail in the event their arrest, subject to following conditions:

i) The petitioners shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the like-sum to the satisfaction of the Investigating Officer.

ii) The petitioners shall cooperate with the Investigating Officer in investigation.

iii) The petitioners shall appear before the Investigating Officer whenever called for.

iv) The petitioners 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 them from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

v) The petitioner shall appear before the Investigating Officer on every Sunday for a period of one month between 10.00 a.m. to 2.00 p.m. or till the filing of the final report, whichever is earlier.

The trial Court shall release the said amount of Rs.70,000/- deposited by petitioner No.3/accused No.3 to the first informant - Ankit Kumar.