Anticipatory bail granted due to lack of criminal antecedents and cooperation with authorities.

(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)

1. Petitioners, who are apprehending arrest in Crime No.44/2025, registered by Alwandi Police Station, Koppal for offence punishable under Section 303 (2) of the Bharatiya Nyaya Sanhita 2023 ( BNS 2023) are before this Court in this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNS S 2023)

seeking anticipatory bail.

2. Heard learned counsel for the parties.

3. FIR in Crime No.44 of 2025 was registered by Alwandi Police Station, Koppal for the aforesaid offence against the driver and owner of Tipper Lorries bearing registration Nos.KA-26/B-4954 and KA-25/AB-8717. Apprehending arrest in the case, petitioners had filed Criminal Misc.No.186 of 2025 before the Jurisdiction Sessions Court which was rejected on 01.07.2025.

Therefore, they are before this Court.

4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that the petitioners have no criminal antecedents and they are ready and willing to cooperate with the police for the purpose of investigation.

5. Learned HCGP has opposed to the petition.

6. Perusal of the averments found in the first information, which is submitted by Prahlad Naik, Police Officer attached to Alwandi Police Station, Koppal, would go to show that based on credible information received, a raid was conducted to the alleged spot where theft of sand was being committed. When the police reached the spot, they found some persons loading sand to the Tipper Lorries bearing registration Nos.KA26/B-4954 and KA- 25/AB-8717. After seeing the police, the said persons allegedly ran away from the spot. The Tipper Lorries along with the sand has been seized in the present case under a mahazar by the Investigation Officer. Undisputedly, the petitioners, who are allegedly the driver and owner of the aforesaid two vehicles, have no criminal antecedents. They have undertaken to cooperate with the police for the purpose of investigation. The maximum punishment for the alleged offence is imprisonment for 3 years and the alleged offence is triable by the Court of Magistrate. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered in the affirmative. Accordingly, the following:

ORDER i. Criminal Petition is allowed.

ii. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.44/2025, registered by Alwandi Police Station, Koppal for offence punishable under Section 303 (2) of the Bharatiya Nyaya Sanhita 2023, subject to the following conditions:

a. The petitioners 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/- each with two sureties for the like sum to the satisfaction of the investigating officer.

b. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

c. The petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon.

d. The petitioners shall not involve in similar offences in future.