Pre-arrest bail should not be granted if there is a serious accusation and the stage of investigation warrants custodial interrogation.

ORDER

These applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-arrest bail.

2. The applicant in B.A. No.641/2026 is the accused No.5 (wrongly mentioned as accused No.3) and the applicant in B.A. No.643/2026 is the accused No.1 in Crime No.46/2026 of Manjeswar Police Station, Kasargod District. The offences alleged are punishable under Section 127 (7) read with Section 3 (5) of Bharatiya Nyaya Sanhita, 2023 & altered Sections 333 , 308(2) and 309(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on 14.01.2026 at about 12 p.m., at Hosangady in Manjeshwar Village, the applicants, in furtherance of their common intention, trespassed into room No. 206 of Grand lodge, which was occupied by the defacto complainant and his girlfriend and the accused No.1 forcibly took their semi-nude photos and demanded Rs.2,00,000/- and thereby committed the offences.

4. I have heard Sri.K.B.Arun Kumar, the learned counsel for the applicants and Sri. M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicants' intentional criminal acts, and if they are 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 applicants is very serious in nature, and it prima facie shows a premeditated criminal act on their part. Specific overt act has been alleged against the applicants in the FIS itself, though name of the accused No.1 has not been mentioned. However, in the investigation, specific role of the accused No.1 has also been revealed. That apart, accused No.1 has criminal antecedents.

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

Sd/-