Back
2025 Supreme(Online)(Kar) 30170
KARNATAKA HIGH COURT
S VISHWAJITH SHETTY, J
AVINASH – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO. 893 OF 2025
For the Appellants/Petitioners: SRI. VACHAN GOWDA
For the Respondents: SMT. PUSHPALATHA, SRI. VINAY MAHADEVAIAH
Court ruled that a petitioner seeking bail has the right to statutory bail if investigation is not completed in the statutory time; failure to apply judicial mind in extending investigation infringes fundamental rights.
Headnote:(A) BNS Act, 2023 - Sections 318(4), 319(2) - Information Technology Act, 2000 - Section 66
(D) - Bail application by accused under investigation for organized crime - Petitioner has no prior criminal antecedents; other accused persons not arrested; Court allowed to invoke offences under Sections 111(3) and 111(4) without sufficient application of mind - The right to statutory bail under Section 187(3) of BNS Act infringed; hence, petition for bail is allowed. (Paras 1-17)
(B) Organised Crime Syndicates - Criteria for identifying members of organized crime syndicates must be applied cautiously by Courts to ensure that fundamental rights are not infringed. (Para 16)
| Table of Content |
|---|
| 1. petitioner seeks bail for specific charges. (Para 1 , 3 , 4) |
| 2. arguments for and against granting bail. (Para 5 , 6) |
| 3. statutory rights and conditions for bail. (Para 7 , 9) |
| 4. invocation of organized crime sections requires certain criteria. (Para 10 , 11) |
| 5. judicial caution required in invoking serious charges. (Para 12 , 13 , 14 , 15 , 16) |
| 6. court grants bail with conditions. (Para 17) |
ORAL ORDER
Accused No.2 in Crime No.794/2024 registered by South East CEN Crime Police Station, Bengaluru City for the offences punishable under Sections 318(4), 319(2) of BNS, 2023 and 66(D) of Information Technology Act, 2000 (for short 'IT Act') is before this Court under Section 483 of BNSS Act, 2023 seeking regular bail.
2. Heard the learned Counsel for the parties.
3. FIR in Crime No.794/2024 was registered by South East CEN Crime Police Station, Bengaluru City against unknown persons for the aforesaid offences, on the basis of the first information dated 24.08.2024 received from Ms.Manthalir N, daughter of Keshav Singh K.
4. During the course of investigation, petitioner herein was issued with the notice under Section 35(3) of BNS 2023 and in response to the said notice, petitioner had appeared before the police on 06.01.2025 and on the said date he was arrested and subsequently, remanded to judicial custody. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.264/2025 was rejected on 20th January, 2025.Therefore, petitioner is before this court.
5. Learned Counsel for the petitioner submits that petitioner has no other criminal antecedents. Except the petitioner, till date no other accused has been arrested in the present case. Inspite of that, the Investigation Officer has filed an application before the Trial Court seeking permission to invoke the offences punishable under Sections 111(3) and 111(4) of BNS, 2023 which was mechanically allowed by the Trial Judge without application of mind. He submits that since the chargesheet is not filed within period provided under the statute, petitioner is entitled for statutory bail. Accordingly, he prays to allow this petition.
6. Per contra, learned Additional State Public Prosecutor has opposed the petition. She submits that during the course of interrogation, statement of one Hazarat Ali Malhakatti was recorded and based on the same, enquiry notice was issued to the petitioner and on 06.01.2025 he has been arrested. She submits that further investigation of the case is under progress.Accordingly, she prays to dismiss this petition.
7. FIR in the present case has been registered for the offences punishable under Sections 318(4), 319(2) of BNS, 2023 and Section 66 (D) of the IT Act and the alleged offences are triable by the Court of Magistrate and the maximum punishment for the aforesaid offences is imprisonment for a period of 7 years. Undisputedly, petitioner has no other criminal antecedents and except the petitioner, till date no other accused has been arrested in the present case. In the remand application of the petitioner, it is stated that petitioner has admitted his guilt, and therefore, he was arrested. In the remand application, it is also stated that during the course of investigation one Hazarat Ali Malhakatti, to whose bank account amount was transferred was issued with a enquiry notice under Section 35(3) of BNS, 2023 and during the course of interrogation of the said Hazarat Ali Malhakatti on 21.11.2024, he had stated that he had asked his friend Avinash (petitioner) to withdraw a sum of Rs.1,00,000/- from his account using his ATM card and accordingly, Avinash had withdrawn a sum of Rs.1,00,000/- from his bank account using his ATM card. Except the aforesaid allegation, there is no other allegation as against the petitioner.
8. Section 187 of BNSS, 2023 provides for procedure when investigation cannot be completed in 24 hours. Section 187 of BNSS, 2023 reads as follows:
" Section 187 . Procedure when investigatio
