Facts
The petitioners, Accused Nos. 2 and 1 respectively, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after the Sessions Court dismissed their applications.
Source reference: p. 4The FIR alleged that they induced the complainant and her husband to pay Rs.1,04,00,000 between October 2025 and March 2026 for property that was never provided, and later intimidated them when repayment was sought.
Source reference: pp. 6–7The petitioners maintained that the money was a business loan and that the complaint gave a civil dispute a criminal character; the State and complainant opposed bail, alleging similar conduct and referring to another FIR.
Source reference: pp. 5–6Issues
1. Whether the petitioners were entitled to anticipatory bail in Crime No. 81/2026, registered for offences under Sections 316(2), 318(4), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Source reference: pp. 9–102. Whether anticipatory bail could be granted subject to conditions requiring the petitioners to cooperate with the investigation and comply with court appearances.
Source reference: p. 9Law Applied
The Court considered the petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides for a direction granting bail to a person apprehending arrest.
Source reference: p. 4It noted that the alleged offences were triable by a Magistrate and carried a maximum punishment of seven years’ imprisonment.
Source reference: p. 9The order cites no judicial precedents; the Court’s stated basis for relief was its assessment of the allegations and the petitioners’ undertaking to cooperate with the investigation.
Source reference: p. 9Reasoning
The Court noted that the first information did not refer to an agreement for the purchase of property, and the complainant’s objections were unsupported by documents showing that the money had been paid for that purpose.
Source reference: pp. 7–8In those circumstances, the Court found force in the petitioners’ position that the amount had been advanced as a business loan and that the complaint followed from its non-repayment.
Source reference: p. 8Although a later FIR contained similar allegations, the Court also considered the nature and punishment of the offences and the petitioners’ willingness to cooperate with the police.
Source reference: pp. 8–9Holding
The Court allowed both petitions and directed that the petitioners be released on bail if arrested in Crime No. 81/2026.
Each petitioner was required to appear before the Investigating Officer within 15 days of receiving the order and execute a personal bond of Rs.1,00,000 with two sureties for the like sum.
Source reference: pp. 10–11They were also directed to attend court unless exempted, refrain from tampering with prosecution witnesses, cooperate with the investigation, appear when called, and not engage in similar offences in future.
Source reference: pp. 10–11Acts & Sections Cited
7 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.
Code of Criminal Procedure, 19731
Bharatiya Nyaya Sanhita, 20235
Bharatiya Nagarik Suraksha Sanhita, 20231
Original Court PDF
SRI. ABHILASH MvsSTATE OF KARNATAKA BY
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