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Judgment
16 paragraphs · 413 wordsK. V. Aravind, J
This petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is filed by accused Nos.2 and 3 against the order dated 11.04.2026 in Crime No.125/2026 registered by Gubbi Police Station, for the offences punishable under Sections 115(2), 118(1), 351(2), 352, 324(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.
The learned counsel appearing for the petitioners submits that the complaint is against accused No.1 and there is no prima-facie allegation against accused Nos.2 and 3 for their involvement in the alleged crime.
The learned High Court Government Pleader appearing for the respondent submits that, if the petitioners are granted bail, they may not co-operate in the investigation.
After considering the submissions of the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent and on perusal of the FIR on record, it is prima-facie indicative that there are no allegations against accused Nos.2 and 3 and there are no ingredients to attract the alleged offences against accused Nos.2 and 3.
In the light of the above, the following:
ORDER
(i) The criminal petition is allowed.
(ii) In the event of the arrest of the petitioners/accused Nos.2 and 3 in Crime No.125/2026 registered by Gubbi Police Station, for the offences punishable under Sections 115(2), 118(1), 351(2), 352, 324(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, they shall be enlarged on bail subject to the following conditions;
(a) The petitioners/accused Nos.2 and 3 shall execute a personal bond for a sum of Rs.1,00,000/- (rupees one lakh only) each along with one surety each for the likesum to the satisfaction of the investigating officer.
(b) The petitioners/accused Nos.2 and 3 shall appear before the investigating officer within a period of fifteen days from the date of this order to execute the personal bond and also to furnish surety.
(c) The petitioners/accused Nos.2 and 3 shall cooperate with the investigation as and when required.
(d) The petitioners/accused Nos.2 and 3 shall appear before the trial Court on all hearing dates without fail.
(e) The petitioners/accused Nos.2 and 3 shall not threaten the prosecution witnesses nor hamper the Court proceedings.
(f) The petitioners/accused Nos.2 and 3 shall not indulge in any criminal activities.
In case, the petitioners/accused Nos.2 and 3 violate any of the bail conditions stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.