- 1 - HC-KAR NC: 2026:KHC:25286 CRL.P No. 7152 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO. 7152 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: LOKESH. S S/O S. SHIVANNA, AGED ABOUT 30 YEARS, R/O KEMPASAGARA GRAMA, KUNIGAL, TUMAKURU - 572 120. …PETITIONER (BY SRI. RAGHAVENDRA A.S., ADVOCATE) AND: STATE OF KARNATAKA BY HEBBUR POLICE STATION, TUMKUR TALUK AND DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY SMT. ANITHA GIRISH, HIGH COURT GOVERNMENT PLEADER) THIS CRL.P IS FILED UNDER SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE, 1973 (FILED U/S 482 BNSS) PRAYING TO ALLOW THE PETITION AND GRANT ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS IN THE EVENT OF THEIR ARREST BY THE RESPONDENT POLICE U/S 103(1), 238 OF BNS OF 2023 AND SUBMITTED FIR IN CR.NO.61/2026 DATED Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25286 CRL.P No. 7152 of 2026 04.03.2026 BEFORE THE HON'BLE 4TH ADDL.CIVIL JUDGE AND 5TH JMFC, TUMAKURU ON THE FILE OF THE RESPONDENT POLICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has filed this petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth referred to as 'BNSS, 2023') seeking anticipatory bail in Crime No.0061/2026, registered by the respondent for the offences punishable under Sections 103(1), 238 of the BNSS, 2023. 2. Based on the information furnished by the complainant on 04.03.2026, a case in Crime No.0061/2026 was registered against accused Nos.1, 2 and unknown accused. It appears that after investigation, based on the statement of the accused Nos.1 and 2, the petitioner is sought to be arraigned as an accused. The petitioner therefore filed a petition before the trial Court seeking anticipatory bail, which was rejected in terms of an order dated 17.04.2026. The petitioner is therefore - 3 - HC-KAR NC: 2026:KHC:25286 CRL.P No. 7152 of 2026 before this Court seeking anticipatory bail in Crime No.0061/2026. 3. Learned counsel for the petitioner submits that a perusal of the information furnished to the respondent would go to show that allegations were primarily against the accused Nos.1 and 2 and there was no mention about the involvement of the petitioner in an offence punishable under Section 103(1) of BNSS 2023. He therefore contends that the Investigating Officer has tried to rope in the petitioner based on the statement made by the accused Nos.1 and 2 and there is nothing on record to show the involvement of the petitioner in the alleged offences. He therefore prays that the petitioner be granted anticipatory bail. 4. Per contra, the learned High Court Government Pleader submitted that the involvement of an unknown person was mentioned by the complainant in her information and the accused Nos.1 and 2 have confused about the involvement of the petitioner and hence, the same requires investigation. She therefore prays that the petition filed by the petitioner for anticipatory bail be rejected, as custodial interrogation of the - 4 - HC-KAR NC: 2026:KHC:25286 CRL.P No. 7152 of 2026 petition is necessary to identify the role of the petitioner in the commission of the alleged offence. 5. I have considered the submissions of the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent. 6. A perusal of the information furnished by the complainant would show that the complainant claimed that the deceased died due to heart attack and that he was buried on 30.01.2026. After 19 days, the complainant grew suspicious as accused No.1 being her sister in law had married accused No.2 within a few days from the date of death of her brother. Therefore, she lodged a complaint. Based on her complaint, the body was exhumed and was subjected to medical examination. It appears that a statement of accused Nos.1 and 2 was recorded who disclosed the involvement of the petitioner. Consequently, the petitioner is sought to be arraigned as an accused. There is nothing on record to show the involvement of the accused/petitioner. On the contrary, the spot mahazar would show that the property of the petitioner lay adjacent to the property of the deceased and this solitary circumstance was - 5 - HC-KAR NC: 2026:KHC:25286 CRL.P No. 7152 of 2026 itself not sufficient to arraign the accused/petitioner for an offence punishable under Section 103(1) of the BNSS, 2023. Besides this, it is now well settled that a prosecution cannot be launched against the accused/petitioner on the basis of a statement of a co-accused, as same is inadmissible in evidence, unless there is corroborating evidence. 7. In that view of the matter, the accused/petitioner is entitled to be granted anticipatory bail. Consequently, the following order is passed: ORDER i. The petition is allowed; ii. The respondent is directed to release the petitioner on bail in case of his arrest in Crime No.0061/2026, for the offences punishable under Sections 103(1), 238 of the BNSS, 2023, subject to the following conditions: (a) He shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs only) with a solvent surety for the likesum and to the satisfaction of the Trial Court. - 6 - HC-KAR NC: 2026:KHC:25286 CRL.P No. 7152 of 2026 (b) He shall make himself available for interrogation by the Investigating Officer as and when required. (c) He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence. (d) He shall not leave the jurisdiction of the Court without the previous permission of the Court. (e) He shall not indulge in commission of any similar offences. In the event of violation of any of the above conditions, it is open for the Investigating Officer to seek for cancellation of the anticipatory bail granted. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 78