IMPORTANT POINT
Anticipatory – High Court or Court of Session could grant limited anticipatory bail in the form of an interim protection under Section 482 of BNSS, 2023 (Section 438 of Cr.P.C.) in interest of justice with respect to FIR registered outside territorial jurisdiction of said Court

JUDGMENT

The instant (Transit) Anticipatory Bail Application at the instance of the applicants, who are Wife of the deceased, Mother-in-Law of the deceased, Brother-in-Law of the deceased and Uncle-in-Law of the deceased has been filed with the prayer for allowing the application and grant (Transit) Anticipatory Bail Application to the applicants in Case Crime No. 0682 of 2024, under Section 108, 3(5) of the B.N.S., Police Station Marathahalli, District Bangaluru City, State of Karnataka, for a period of six weeks on such condition as may be imposed by this Court.

2. Heard Sri Manish Tiwary, learned Senior Counsel assisted by Sri Aushim Luthra, Sri Ashutosh Kumar Sand, learned Government Advocate assisted by Sri Roopak Chaubey, learned AGA-I, Dr. Rupesh Singh, under the authority of Sri Rajeev Kumar Singh, who has put in appearance on behalf of the first informant and perused the record.

3. Sri Manish Tiwary, learned Senior Counsel, at the very outset submits that the Applicant Nos. 1, 2 & 3, who are Wife of the deceased, Mother-in-Law of the deceased and Brother-in-Law of the deceased have already been arrested by the Police of the Bengaluru City and the application of grant of (Transit) Anticipatory Bail on their behalf has been rendered incompetent. The present (Transit) Anticipatory Bail Application is being pressed on behalf of the Applicant No. 4, Sri Sushil Singhania son of Banwari Lal Singhania alone.

4. An FIR giving rise to the Case Crime No. 0682, Police Station Marathahalli, District Bengaluru City, State of Karnataka, under Sections 108, 3(5) of the B.N.S. was lodged on 09.12.2024 by the first informant Bikas Kumar son of Pawan Kumar Modi, who happens to be the brother of the deceased, Atul Subhash with the allegation that the applicants have colluded and filed false cases against the brother of the first informant namely Atul Subhash and were pressurizing him to part with Rs. 3 Crores for the settlement for the said cases and demanded Rs. 30 Lacs to see his 4 years old son. The Applicant No. 2, Nisha Singhania is alleged to have pressurized her son-in-law (the deceased) to part with a sum of Rs. 30 Lacs to see his son and mocked the brother of the first informant to either part with Rs. 3 Crores or die by committing suicide. The brother of the first informant was mentally and physically disturbed and on account of the harassment meted out to him at the instance of the applicants committed suicide.

5. Learned Senior Counsel has already submitted that the Applicant Nos. 1, 2 & 3 have been arrested and there is a reasonable apprehension of the Applicant No. 4, Sri Sushil Singhania son of Banwari Lal Singhania, the uncle-in-law of the deceased to be arrested also.

6. It has been argued that the arrest have been made on the basis of alleged suicide note and a video which have gone viral over the internet and the Applicant No. 4 is facing the media trial of the highest level. It has been argued that the Applicant No. 4 is an elderly person 69 years of age and has a chronic medical condition and virtually incapacitated and there is no question of abetting the suicide by the brother of the first informant. It has also been argued that there is a distinction between the abetment and harassment and if the suicide note is taken on its face value the allegations leveled at most would be taken to be harassment for implicating the deceased in false cases and extracting huge sums of money. In any case, the offence under Section 108, 3(5) of the B.N.S. cannot be said to be made out.

7. It has also been argued that the Applicant No. 4 be granted protection for reasonable time so that he is in a position to place his version before the Court and the authorities concerned and take recourse to remedy available to him under the law before the Court in the State of Karnataka wherefrom the FIR emanates. Prayer for granting (Transit) Anticipatory Bail Application has, accordingly, been made.

8. Per contra, Sri Ashutosh Kumar Sand, learne