G. T. Pampapathi vs State Of Karnataka

Geetha K.B. J

Petitioner has filed this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short,'B.N.S.S.'), praying for anticipatory bail in Crime No.50/2026 of Thoranagal Police Station, alleging the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 352, 351(2), 126(2), 49 and 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'B.N.S.').

Based on the first information lodged by one Smt.A.Veeramma on 13.04.2026, this case was registered against petitioner and others in Crime No.50/2026.

It is stated in the complaint/first information report that on 12.04.2026 at 07.00 p.m., there were some articulations between first informant and petitioner. In connection to said incident, on 13.04.2026 at 12.30 p.m., some 4 persons came near the house of first informant, pelted stones on her house and abused her and her children in filthy language and also told that, they came to murder her and her children and in that incident, she has sustained some injuries and her son has taken her to Jindal Sanjeevini Hospital, took treatment and then, she has lodged complaint on the same day at 03.00 a.m.

The offences alleged against petitioner and others in this case are punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 352, 351(2), 126(2), 49 and 190 of B.N.S., 2023 and all of them are bailable in nature except offence under Section 118(1) of B.N.S., 2023. The maximum punishment for the offence under Section 118(1) of B.N.S., 2023 is 3 years with fine and triable by the Magistrate.

The victim/first informant has not suffered any serious injuries. The alleged offences are not punishable either with death sentence or liability.

Learned HCGP submits that, there are 19 cases lodged against present petitioner and if he is released on bail, there is every chance of he committing similar offences, threatening the first informant and her family members and he is not law abiding citizen. Hence, prayed for dismissal of bail petition.

These 19 cases lodged against the petitioner includes the present case and another connected case registered based on the first information given by son of present first informant registered in Crime No.55/2026. Amongst the other 17 cases, the petitioner is already acquitted in the majority of cases. In one of the cases registered under Section 55 of the Karnataka Police Act, 1963, the petitioner has filed an appeal before the District Court against the notice issued to him, and the same is pending. In the remaining three pending matters, he has already obtained bail.

The remaining cases which were alleged against him are mainly of alleging of petty offences, under Section 107 of the Code of Criminal Procedure, 1973 (Cr.P.C.) and the Mines and Minerals (Development and Regulation) Act, 1957 (M.M.D.R. Act).

Hence, mere pendency of 4 more cases against petitioner and totally 19 cases registered against petitioner cannot be a ground to reject anticipatory bail.

Considering all these facts, this Court is of the opinion that petitioner is entitled for anticipatory bail with some conditions. Hence, I proceed to pass the following:

ORDER

i) The bail petition filed U/S.438 of Cr.P.C., is hereby allowed.

ii) Anticipatory bail is granted to the petitioner. The respondent-police is hereby directed to release the petitioner on bail in the event of his arrest for the offences punishable Sections 189(2), 191(2), 191(3), 115(2), 118(1), 352, 351(2), 126(2), 49 and 190 of B.N.S., 2023, registered in Cr.No.50/2026 of respondent- police station i.e., Thoranagal Police Station, subject to following:-

CONDITIONS

a) The petitioner shall execute personal bond for a sum of Rs.50,000/- with one surety for like sum to the satisfaction of concerned J.M.F.C. Court/arresting authority.

b) He shall not threaten or tamper with prosecution witnesses directly or indirectly.

c) He shall not commit similar offences.

d) He shall appear before Investigating Officer as and when called for investigation during the reasonable hours of the day.

e) The petitioner is hereby directed to appear before the concerned J.M.F.C. within a period of 30 days from the date of this order to execute the personal bond and surety bond and also appear before the Investigating Officer.

f) In the event charge sheet is filed against the petitioner, the petitioner shall appear before the Court regularly without fail till completion of trial without exception.

g) Petitioner shall produce his ID and address proof documents before learned J.M.F.C.

If any of these conditions are violated, then the bail bond will be automatically cancelled.