Anticipatory bail granted due to absence of specific overt acts against the petitioner, despite the grave nature of allegations.

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

This petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) for grant of anticipatory bail in Crime no.9/2025 by Bendigeri Police Station for offences punishable under Sections 132 , 109 and 190 of Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short) by accused no.1 (petitioner).

2. Sri Mahesh Wodeyar, learned counsel for petitioner submitted petitioner was 41 years old businessman and permanent resident of Gabbur, Hubballi. Though he was law abiding citizen and had not committed any offences, he was apprehending arrest for non-bailable offences in view of Crime no.9/2025 registered by Bendigeri Police Station on

11.01.2025, arraigning him as accused no.1.

3. It was submitted, even as per prosecution case, Ravi, PSI of Bendigeri Police Station (complainant) filed complaint stating that at 7:00 a.m. on 11.01.2025, ACP, Hubballi (South), directed complainant a Constable in Crime Department to apprehend accused no.1 – Manjunath, accused no.2 – Nagaraj, accused no.3 – Parashuram, accused no.4 – Mahesh, accused no.5 – Kumar, accused no.6 – Mahadevi, accused no.7 – Pratik, accused no.8 – Manikanta and accused no.9 – Nikil and others involved in Crime no.6/2025 for offences punishable under Sections 109 , 61 (2) (a), 115 (2), 118 (1), 351 (2) (3), 352 read with 190 of Barathiya Nyaya Sanhita, 2023 (‘BNS’ for short) and Sections 3 (1) (r) & (s) and 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC/ST Act’ for short).

4. In pursuance of same, when he along with other constables was patrolling near New Gabbur at 10:30 a.m., he received credible information that accused were hiding near Beedi Workers’ layout. Immediately they went to spot and found accused there. When they went to apprehend them, on seeing them, accused tried to flee, but were rounded up, when accused no.4 obstructed them from performing their duty. In order to escape, he tried to strangulate complainant. After overcoming their resistance, they were taken to ACP (South) at 12:15 p.m. It was alleged that accused had obstructed public servant from performing duty and also attempted to commit murder, complaint was filed and registered as Crime no.9/2025 for offences punishable under Sections 132 , 109 read with 190 of BNS. It was submitted, there was specific overt acts only insofar as accused no.4. And as incident of attempt to murder duty was totally false and without any basis. It was further submitted that under similar circumstances, accused no.6 was granted anticipatory bail by this Court in Crl.P.no.100515/2025 disposed of on 24.02.2025. Therefore, sought for grant of bail on conditions.

5. On other hand, Smt.Girija S Hiremath, learned HCGP for respondent – State sought to oppose petition. At outset it was submitted, offences alleged against petitioner were under Section 132 , 109 and 190 of BNS i.e. obstructing public servant in performing his duty, attempt to commit murder and with common intention.

6. It was submitted, though in complaint overt act was in respect of accused no.1, said offence was committed in furtherance of common intention. Therefore, petitioner would also be covered. And in case of grant of anticipatory bail, there was likelihood of petitioner involving in similar criminal activities or hamper investigation. On above ground, sought for rejection of petition.

7. Heard learned counsel and perused available material on record.

8. From above, point that arises for consideration is:

“Whether petitioner is entitled for anticipatory bail on conditions?

9. At outset, it is seen petitioner’s apprehension of imminent arrest for non-bailable offences is based on registration of Crime no.9/2025 by Bendigeri Police Station for offences punishable under Sections 132 , 109 and 190 of BNS.

10. Offences alleged against petitioner are obstruction of public servant from performing duty under Section 132 of BNS punishable with imprisonm