Anticipatory bail is an extraordinary relief granted sparingly, especially when investigation integrity may be compromised by political influence.

ORDER

PER: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

The petitioner - accused No.5 in Crime No.73/2025 pending before Bharathi Nagar Police Station on the file of X Additional Chief Metropolitan Magistrate at Mayohall, Bangalore City for the offences punishable under Sections 103 and 190 of Bharatiya Nyaya Sanhita 2023 [ BNS ] has filed the present petition seeking to be enlarged on bail in the event of his arrest.

2. At the outset, it is necessary to note that the petitioner had approached the trial Court and sought for grant of anticipatory bail which came to be rejected by order dated 23.12.2025.

3. The petitioner has now approached this Court seeking for grant of anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita 2023 [ BNSS ]. It is necessary to take note that the petitioner had initially moved the Vacation Bench seeking for grant of interim anticipatory bail and was granted interim anticipatory bail by order dated 26.12.2025. The operative portion of the order reads as follows:-

"i) IA.I of 2025 filed under Section 482 of BNSS - 2023 is allowed;

ii) Petitioner shall be released on bail in the event of his arrest in Crime No.73 of 2025, registered by Bharathi Nagar Police Station upon executing a self for Rs.5,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer;

iii) Petitioner shall assist the investigating officer for investigation;

iv) Petitioner shall not tamper or threaten the prosecution witnesses in any manner;

For filing objections, if any to the main petition, list the matter on 06th January, 2026."

4. The petitioner is now seeking for confirmation of interim anticipatory bail by way of an order of regular anticipatory bail.

5. The brief facts of the case are that the alleged incident is stated to have taken place on 15.07.2025 in which allegedly about eight to nine assailants assaulted the informant's son, Shivaprakash @ Biklu Shiva at 8.10 p.m. near his house with "long" and "machhu", which resulted in the death of her son.

6. The informant had named Jagadish, Kiran, Vimal, Anil and others and specifically stated that all such accused upon the instigation of accused No.5, i.e. the petitioner herein had fatally assaulted and murdered her son and accordingly had sought appropriate action.

7. The information of the informant which was registered as a FIR further would narrate that there was a dispute with respect to property purchased by the informant's son at Kithaganur Village. It is further made out that the accused had got a General Power of Attorney in his favour and Jagadish, who is now arrayed as one of the accused had called and threatened the deceased and had asked him to make over General Power of Attorney in his name, failing which, he would not allow the deceased to stay alive. It is made out that the deceased had subsequently made out a complaint stating that there was threat to his life from Jagadish @ Jagga, Kiran and Byrathi Basavaraj (petitioner herein). The informant had further narrated that the deceased often at home had stated 1that there was threat to his life from Jagadish, Kiran, Vimal and Byrathi Basavaraj.

8. In the said complaint, there is narration of events on the fatal day.

9. The following is the timeline of other relevant details of events and legal proceedings which is extracted in the Table hereunder:-

10. Heard both sides.

11. At the outset, it is to be noticed that the petitioner is seeking to be enlarged on anticipatory bail in the backdrop of rejection o