G. T. Pampapathi vs State Of Karnataka

Geetha K.B. J

This is the petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short, BNSS), 2023, praying for anticipatory bail on behalf of petitioner in Crime No.55/2026 of Thoranagal Police Station, for the offences punishable under Sections 189(2), 191(2), 191(3), 126(2), 109, 115(2), 118(2), 352, 351(2), 49 and 190 of BNS 2023, based on the first information given by one first informant Bhogesh.

The first information given by the first informant on 17.04.2026 at Jindal Sanjeevini hospital before the concerned police on 17.04.2026 from 09.30 to 10.30 a.m.

It is stated in the first information that on 16.04.2026 at 09.00 p.m., when first informant had been to his job, 10 persons prevented him from going further in which direction he has right to proceed, stopped him and pelted stones on him and at the instigation of present petitioner and another person, they assaulted him, told that they would kill him. Two of those accused persons assaulted him with iron rod on his right forearm and caused injuries to him and others assaulted with hands and also with club and thus, he sustained injuries; Hanumanth and others rescued him; got admitted him to the hospital. Before that, the accused persons also threatened on his life with dire consequences.

Based on these allegations in first information, the PSI of Thoranagal police station registered case against petitioner and others alleging the offences punishable under Sections 189(2), 191(2), 191(3), 126(2), 109, 115(2), 118(2), 352, 351(2), 49 and 190 of BNS 2023. Amongst them, the offence punishable under Section 109 of BNS, 2023 is non- bailable in nature, maximum punishment is life imprisonment and fine. Amongst other offences, only offence under Section 118(2) is non-bailable in nature and other offences are bailable in nature.

As per the allegations made in the first information, there is enmity between the petitioner and the first informant since five years.

Learned counsel for petitioner has filed memo with discharge summary dated 25.05.2026. According to this document, the victim has sustained fractured injuries on his right hand i.e., fractures of right Ulna, right second metacarpal bone, left Radius, left Ulna Styloid and other injuries. He is out of danger and already discharged from the hospital. The aforesaid injuries apparently do not reveal that injuries are on vital parts. There is only the allegation of inducement by the present petitioner for committing the offence by other accused persons. There is no allegation of direct involvement of present petitioner.

Learned HCGP would submit that there are 19 cases lodged against present petitioner and if he is released on bail, there is every chance of committing similar offences, he would threaten and tamper prosecution witnesses and investigation is still in progress and hence, at this stage petitioner is not entitled for bail.

These 19 cases lodged against the petitioner includes the present case and another connected case registered based on the first information given by mother 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.

As discussed above, already the victim is out of danger and discharged from hospital, no injuries on vital parts are found to prima facie attract the offence under Section 109 of BNS, 2023.

Considering all these facts, this Court is of the view that petitioner is entitled for anticipatory bail. 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), 126(2), 109, 115(2), 118(2), 352, 351(2), 49 and 190 of B.N.S., 2023, registered in Cr.No.55/2026 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.1,00,000/- with two sureties 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 once in 15 days i.e., on 15th and 30th of every month from 10.00 a.m. to 05.00 p.m. till completion of investigation.

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

f) 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.

g) 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.

h) 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.