Anticipatory bail granted due to lack of criminal antecedents and doubts about the applicability of charges under Section 112 of BNS, 2023.

ORAL ORDER

Accused No.1 in Crime No.8/2025 registered by Byndoor Police Station, Udupi District for the offences punishable under Sections 303(2), 112 & 3(5) of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking anticipatory bail.

2. Heard the learned counsel appearing for the parties.

3. FIR in Crime No.8/2025 was registered by Byndoor Police Station, Udupi District for the aforesaid offences against the petitioner herein and another based on the first information dated 08.01.2025 received from Smt. Ashwini M.M, Geologist attached to Department of Mines and Minerals, Udupi. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.509/2025 before the jurisdictional Sessions Court, which was rejected on

25.01.2025. Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that accused No.2 who was arrested in the present case was enlarged on bail on the same day. Even if the allegations found in the first information are presumed to be true, the offence punishable under Section 112 of BNS, 2023 cannot be invoked against the accused persons as they are not involved in any other criminal cases. He submits that the police have erroneously invoked the said provision.

Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP has opposed the bail petition. She submits that accused were found removing laterite stones from the property belonging to government and it is under these circumstances, FIR has been registered against them. She also submits that laterite stones, which were removed and the vehicle which was used for shifting the same has been seized. Accordingly, she prays to dismiss the petition.

6. The allegation in the first information is that in the property bearing survey No.12 of the Kadakodu village measuring 0.16 acres, the accused persons were removing laterite stones and therefore a raid was conducted and machines used for removing laterite stones were seized along with laterite stones and FIR was registered against accused Nos.1 and 2. Accused No.2 who was arrested at the spot was enlarged on regular bail by the jurisdictional Court of Magistrate on the very same date.

7. Perusal of allegation found in the first information would go to show that there is a dispute with regard to ownership of the property and without even surveying the property, FIR has been registered against the accused persons. It is also not in dispute that accused persons have no other criminal antecedents and they are not involved in any other criminal cases and therefore a serious doubt arises whether offence punishable under Section 112 of BNS, 2023 could have been invoked in the present case. Be that as it may, considering the nature of allegation as against the petitioner and gravity of the alleged offences, I am of the opinion that the prayer made by the petitioner, who is an agriculturist by avocation for grant of anticipatory bail is required to be answered affirmatively.

8. Accordingly, the following:

ORDER

The Criminal Petition is allowed.

The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.8/2025 registered by Byndoor Police Station, Udupi District for the offences punishable under Sections 303(2), 112 & 3(5) of BNS, 2023 subject to the following conditions:

1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer.

2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.

4. The petitioner shall not involve in similar offences in fu