Pre-arrest bail cannot be granted as a matter of course when serious allegations exist, necessitating custodial interrogation.

ORDER

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-

arrest bail.

2. The applicant is the sole accused in Crime No.1022/2025 of Hosdurg Police Station, Kasargod District. The offence alleged is punishable under Section 318 (4) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that the applicant with an intention to cheat the defacto complainant, obtained a total sum of Rs.3,40,000/- on 15.11.2023 and 13.05.2024 from the defacto complainant under the pretext of arranging a visa for the defacto complainant, but no visa was arranged nor money was returned and thereby committed the above offence.

4. I have heard Sri.T.Sanjay, the learned counsel for the applicant and Sri.M.C.Ashi, the learned Senior Public Prosecutor.

Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime;

hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.

6. The law regarding the grant or refusal of pre-arrest bail is well settled. Pre-arrest bail cannot be granted as a matter of course. The power under Section 482 of BNSS could be exercised only when a special case is made out, that too, recording reasons thereof. Perusal of the case diary reveals that the accusation made against the applicant is very serious in nature, and it prima facie shows a premeditated criminal act on his part. The case record would show that the applicant has executed an agreement admitting the receipt of a portion of the amount. That apart, the applicant has criminal antecedents. He is involved in crimes of similar nature.

7. The investigation is in a preliminary stage. The custodial interrogation of the applicant is necessary for the investigation. As rightly argued by the learned Senior Public Prosecutor, the possibility of the applicant influencing the witnesses and interfering with the investigation cannot be ruled out if he is released on bail. Considering the gravity of the offence and stage of the investigation, I am of the view that this is not a fit case where the extraordinary jurisdiction vested with this Court under Section 482 of BNSS could be invoked.

8. The learned counsel for the applicant submitted that the applicant is prepared to surrender before the investigating officer. If the applicant surrenders before the investigating officer within one week from today, the investigating officer shall interrogate him and after interrogation if the investigating officer forms an opinion that the applicant is to be arrested, the investigating officer shall record the arrest of the applicant and produce him before the jurisdictional Magistrate. The bail application, if any, moved by the applicant shall be disposed of by the learned Magistrate, in accordance with law, as far as possible, on the same day itself. A copy of the bail application shall be given to the learned Public Prosecutor in advance.

The bail application is, accordingly, dismissed with the above observations.

Sd/-