Sangamesh S/O. Arjun Kamble vs State Of Karnataka

Geetha K.B, J

This is the petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for release of petitioner/accused No.4 on bail in C.C.No.21/2026, pending on the file of Senior Civil Judge and J.M.F.C. Court, Banahatti for the offences punishable under Sections 137(2) and 310(2) of Bharatiya Nyaya Sanhita, 2023 (for short hereinafter referred to as 'B.N.S.') in respect of Crime No.6/2026 of Mahalingapur Police Station.

The Sessions Court has dismissed the bail application on behalf of the petitioner and on behalf of accused No.3 on the grounds that recovery from the present petitioner and that there is a prima facie material produced by the prosecution for the offence punishable under Section 310(2) of the B.N.S., 2023. Afterwards, accused No.3 approached this Court in Crl.P.No.100976/2026 wherein the bail was granted to accused No.3 with some conditions.

The case of the complainant police in nutshell is that the present petitioner along with accused Nos.3 and 5 in an Innova company car bearing No.KA-28/N-6099 were following Scorpio vehicle bearing No.KA-32/N-2377 who were following a lorry bearing No. MH-09/CU-8190. The lorry was loaded with 25 tons of rice worth ₹6,12,500/- and then they have stopped the lorry near Saidapur, kidnapped the driver of the lorry, and committed dacoity of the 25 tons of rice. The said rice was sold to Banashankari Mill near Kagawad for ₹5,10,000/-, and distributed the amount amongst the accused persons and thereby, committed the offences punishable under Sections 137(2) and 310(2) of the B.N.S., 2023.

Prima facie, the allegations in the charge-sheet are that victim was kidnapped from Lorry, took in Scorpio Van and then left on the road somewhere. Thus, he was not conveyed beyond the limits of India and he was not minor. Thus, prima facie, the offence under Section 137(2) of B.N.S., 2023 is not attracted. However, prima facie, there are ingredients of offence punishable under Section 310(2) of B.N.S., 2023, which is punishable with imprisonment for life or with rigorous imprisonment for a term, which may extend to 10 years and shall also be liable to fine and triable by the Court of Sessions.

After completion of the investigation, charge sheet is filed against petitioner and other accused persons. Hence, petitioner/accused No.4 is not required for further investigation.

As per the records, prima facie, there is recovery of ₹30,000/- from the petitioner after his arrest. Since then, petitioner is in JC and thus, not required for further interrogation. Learned HCGP appearing for State opposed the bail application on the ground that there are sufficient grounds to proceed against petitioner.

Considering the role of present petitioner mentioned in the charge sheet, without expressing any opinion on merits of the case, as investigation is completed, and as already accused No.3 was granted with bail by this Court, against whom the same allegations are made, on the ground of parity, the petitioner is also entitled for bail on similar conditions. Accordingly, this Court proceeds to pass the following:

ORDER

i) The bail petition filed under Section 483 of B.N.S.S., 2023 is hereby allowed.

ii) The petitioner/accused No.4 is released on bail, on the file of Senior Civil Judge and J.M.F.C., Court, Banahatti arising out of Crime No.6/2026 of Mahalingapur Police Station for the offences punishable under Sections 137(2), 310(2) of the Bharatiya Nyaya Sanhita, 2023 on he executing self-bond for a sum of₹.1,00,000/- (Rupees One Lakh only) with one surety for the like sum to the satisfaction of learned J.M.F.C., and directed to produce his I.D. and address proof documents with following :

CONDITIONS

a) Petitioner/accused No.4 shall not tamper with any of the prosecution witnesses either directly or indirectly;

b) Petitioner/accused No.4 shall not commit similar offences;

c) Petitioner/accused No.4 shall appear before Investigating Officer as and when called for investigation during the reasonable hours of the day;

d) Petitioner/accused No.4 shall not leave the jurisdiction of the Trial Court without prior permission of the Court.

e) The sureties are directed to produce title deeds of the property before the jurisdictional Magistrate.

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