- 1 - NC: 2025:KHC:17223 CRL.P No. 4961 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4961 OF 2025 BETWEEN: BHARATH K.N S/O K.V. NARAYAN AGED ABOUT 28 YEARS R/AT. 2ND CROSS VIDYANAGAR, GUBBI TOWN GUBBI TALUK, TUMAKURU DISTRICT PIN 572 216. …PETITIONER (BY SRI M.B. CHANDRACHOODA, ADV.) AND: THE STATE OF KARNATAKA BY GUBBI POLICE STATION TUMKURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF ARREST IN CR.NO.81/2025 OF RESPONDENT GUBBI POLICE FOR THE OFFENCE P/U/S 308(2),308(6) OF THE BNS 2023 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND J.M.F.C COURT GUBBI TUMAKURU DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17223 CRL.P No. 4961 of 2025 ORAL ORDER 1. Accused no.2 in Crime No.81/2025 registered by Gubbi Police Station, Tumakuru District, for the offences punishable under Sections 308(2), 308(6) of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.81/2025 was registered by Gubbi Police Station, Tumakuru District, for the aforesaid offences against Nisha and two others based on the first information dated 10.03.2025 received from Annappaswamy S/o Narayanappa. Apprehending arrest in the case, petitioner herein who is arrayed as accused no.2 in the FIR had filed Crl. Misc. No.403/2025 before the jurisdictional Sessions Court which was rejected on 25.03.2025. Therefore, he is before this Court. 4. Learned Counsel for the petitioner submits that except the allegation that petitioner's mobile phone was used for calling the first information and demanding ransom money, there is no other allegation against the petitioner. Petitioner is - 3 - NC: 2025:KHC:17223 CRL.P No. 4961 of 2025 being falsely implicated for political reasons. He is ready and willing to cooperate with the police for the purpose of investigation. Accused no.1 who was arrested in the present case has been granted regular bail. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP who has opposed the petition submits that petitioner is a person with criminal antecedents, and there is prima facie material against him which shows his involvement in the crime. Therefore, his custodial interrogation is necessary. 6. In the first information, it is stated that about 45 days prior to the first informant approaching the police, accused no.1 - Nisha had sent a friendship request on facebook to the first informant from her mobile phone bearing No.9972781023 and thereafter they started exchanging messages. Subsequently, the first informant met accused no.1 and she offered to deal with him in respect of certain lands situated at Tumakuru and requested to pay commission to her. She allegedly invited him to a room in a lodge. Subsequently, she made a video call through facebook and asked him to come to Tiptur in a car and - 4 - NC: 2025:KHC:17223 CRL.P No. 4961 of 2025 on the said date, she threatened that she will upload her video calls with him in social media. Thereafter, she made a video call and informed the first informant that she had recorded the same and she asked him to come to a hotel room where she introduced two persons stating that they are the friends of her husband and she also created a scene in the room. On 27.02.2025, she made a phone call and demanded a sum of Rs.50,000/-. Subsequently, she asked the petitioner to come to a hotel room near Dobaspet and accused nos.2 & 3 subsequently came to the said hotel room and captured the video of the first informant with accused no.1, and thereafter, threatened him and demanded money. The first informant allegedly paid a sum of Rs.70,000/- to accused no.1 from his mobile phone, and there was a further demand for payment of money. 7. It is not in dispute that the mobile phone number which is referred to in the first information belongs to the petitioner herein. First informant allegedly has received threatening phone calls from the said phone number. Learned Addl. SPP has brought to the notice of this Court that petitioner is a person with criminal antecedents. The allegations made in the - 5 - NC: 2025:KHC:17223 CRL.P No. 4961 of 2025 first information against the accused persons are serious, and the accused persons have tried to trap the first informant and make unlawful gain. Involvement of other accused persons in the alleged crime also cannot be ruled out. Accused no.1 who is a lady was arrested in the present case and has been granted regular bail, and therefore, the same cannot be a ground to grant anticipatory bail to the petitioner as against whom serious allegations are made in the first information, and in addition to the same, he is a person with criminal antecedents. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail requires to be rejected. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK