Anticipatory bail granted based on the nature of allegations, timing of the complaint, and the petitioner's background, despite the serious nature of the offences.

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.8/2025 by Vidyagiri Police Station for offences punishable under Sections 140 (3), 115 (2), 118 (2), 109 (1), 351 (1), 351 (2), 352 read with Section 3 (5) of Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short) by accused no.1 (petitioner).

2. Sri Naveen Chatrad, learned counsel for petitioner submitted that case of prosecution was that Renuka Uppar (complainant) filed complaint stating that she was residing at Nisarga layout, Dharwad with her mother, son and sister’s son Abhishek. On 12.01.2025 at 10:45 p.m. four unknown persons came home and enquired about Abhishek using abusive language. They alleged that he had abused their family and kidnapped him on their motorcycles and went towards Kalyannagar. Immediately complainant informed her relative Manjunath Kabber, who went in search of Abhishek. A little later, one Pintu, informed her that some four persons were assaulting Abishek and Manjunath. When she went near Taiwak Factory with Arun, a neighbor, she saw Manjunath crying in pain with Abhishek nearby. On enquiry, they told that Dharshan, Basavaraj, Ayan and another were assaulting Abhishek and when Manjunath came there, they assaulted him also with fists on his face. When he fell down, they hit him with stone on his leg causing grievous injury. Basavaraj picked up a stone and threw it on his leg by threatening to kill him. He also picked up stone again with intention to hit him on his chest. But he somehow escaped and cried out aloud for help, causing assaulters to run away threatening to kill Manjunath and Abhishek some other time. Immediately injured were taken to District Hospital for treatment, where Manjunath was admitted. Based on said complaint, Crime no.8/2025 was registered by Vidyagiri Police Station for offences mentioned supra.

3. It was submitted petitioner was 19 year old student hailing from respectable family and who were permanent residents having movable and immovable properties. It was also submitted there were no criminal antecedents and none of offences alleged were punishable with death or imprisonment for life.

4. It was further submitted incident occurred between 10:45 to 11:15 p.m. on 12.01.2025 whereas complaint was filed at 2:05 p.m. on 13.01.2025, giving scope for false implication of petitioner, with intention to spoil his reputation. It was also submitted, medical reports did not reflect any grievous injuries and accused no.2 was already granted anticipatory bail. On above grounds sought for allowing petition.

5. On other hand Smt.Girija S. Hiremath, learned HCGP for respondent - State opposed petition. At outset, it was submitted, application for anticipatory bail filed during pendency of investigation especially on a complaint containing specific overt-acts for offences including attempt for commit murder, in furtherance of which victim had sustained injuries would attract higher punishment of imprisonment for life. Therefore, nature of offences alleged were heinous. It was submitted, Wound Certificates of Manjunath and Abhishek indicated both having sustained injuries and injury no.1 sustained by Manjunath was grievous, correlated with injuries sustained by him. It was submitted, injured victims were themselves eye-witnesses. Therefore, there was no false implication. On above grounds prayed for rejection of petition.

6. Heard learned counsel.

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

“Whether petitioner is entitled for anticipatory bail on conditions?

8. This petition is by accused no.1 for anticipatory bail in Crime no.8/2025 for offences under Sections 140 (3), 115 (2), 118 (2), 109 (1), 351 (1), 351 (2), 352 and 3 (5) of BNS.

9. Offences alleged against accused are kidnapping under Section 140 (3) of BNS punishable with imprisonment for upto seven years; voluntarily causing hurt under