V. Srishananda, J
1. Heard Sri.Rakesh S. Hattikatagi, learned counsel for the petitioners and Sri.P.N.Hatti, learned High Court Government Pleader for the respondent/State.
2. Petitions are filed under Sections 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with the following prayers:
IN CRL.P.No.105282/2025
“Wherefore, the petitioners most respectfully pray that,
This Hon’ble Court be pleased to allow the petition and grant anticipatory bail to the petitioners, directing the respondent police to release them on bail in the event of their arrest in Mahalingapur P.S. Cr. No.74/2025 pending on the file of Senior Civil Judge and JMFC, Banahatti for offences punishable under Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984 and sections 189(2), 132, 109, 121(1), 324(5), 324(4), 191(3), 191(2), 190 of Bharatiya Nagarik Suraksha Sanhita, 2023 in the interest of justice and equity.”
IN CRL.P.No.105401/2025
“Wherefore, the petitioner/accused most respectfully pray that,
This Hon’ble Court be pleased to allow the petition and grant anticipatory bail to the petitioner, directing the respondent police to release them on bail in the event of their arrest in Mahalingapur P.S. Cr. No.74/2025 pending on the file of Senior Civil Judge and JMFC, Banahatti for offences punishable under Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984 and sections 189(2), 132, 109, 121(1), 324(5), 324(4), 191(3), 191(2), 190 of Bharatiya Nagarik Suraksha Sanhita, 2023 in the interest of justice and equity.”
3. The petitioners herein are accused in the respect of Crime No.74/2025 of Mahalingapur Police Station. Incident reveals that standing sugarcane crop was set on fire by miscreants.
4. According to the petitioners, it is they who had grown the sugarcane and opposite group with ill-will, have lit the fire on the standing sugarcane crop.
5. Police after registering the case, are investigating the matter.
6. Admittedly, petitioners are not available for investigation from the date of registration of the case.
7. Attempt made by the petitioners to obtain an order of grant of bail is turned down by the learned Sessions Judge.
8. Thereafter, petitioners are before this Court.
9. Learned counsel for the petitioners would contend that in fact the petitioners are the victims in the incident and police were giving protection to the petitioners but since the complaint has been lodged by the opposite party, police have registered the false case against the petitioners and are investigating the matter and sought for grant of anticipatory bail.
10. Per contra, learned High Court Government Pleader would oppose the bail grounds by contending that from the date of registration of the case, the petitioners are not available for the investigation which exposes the guilty mind of the petitioners and custodial interrogation of the petitioners are utmost necessary to unearth the truth in the incident.
11. He would further contend that the grounds urged in the bail petition are in the nature of defence which cannot be countenanced at the time of considering the bail application and sought for dismissal of the bail petition.
12. Having heard the arguments of both sides, this Court perused the material on record meticulously.
13. On such perusal of the material on record, admittedly, petitioners in both the cases are not available for the investigation from the date of registration of the crime.
14. Whether at all it is the petitioners who are the victims of the incident or not cannot be decided by this Court at this stage by holding the mini trial.
15. Suffice to say that non-availability of the petitioners before the Investigation Officer, resulted in crippling the investigation process as well.
16. In order to strike a harmonious balance between the right of the petitioners and the need of the prosecution, if the petitioners are directed to join the investigation process by appearing before the Investigation Officer and undergo limited period of interrogation, ends of justice would be met.
17. Accordingly, following:
ORDER
i. Petitions are allowed.
ii. Petitioners are directed to join the investigation by appearing before the Investigation Officer positively on 23.01.2026 at 09.00 a.m.
iii. Investigation Officer is at liberty to take the petitioners to custody and conclude the custodial interrogation on the very same day before 07.00 p.m. and thereafter, enlarge the petitioners on bail by taking a bond in a sum of Rs.1,00,000/- with one surety each for the likesum to the satisfaction of the Investigation Officer.
iv. Petitioners shall cooperate with the Investigation Agency in all respects.
v. Petitioners shall not tamper the prosecution witnesses in any manner.
vi. Petitioners shall appear before the Court regularly.
vii. Petitioners shall mark their attendance before the Investigation Officer between 10.00 a.m. to 2.00 p.m. every third Sunday till the final report is filed.
viii. Petitioners shall not leave the jurisdiction of Bagalkot jurisdiction without prior permission.
Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail.
