T.P. LATHAMANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') read with Sec. 438 of Code of Criminal Procedure.

(2.) The petitioners submit that there was a transaction between the complainant and the petitioners which was purely a civil transaction. It is stated that a complaint is lodged against the petitioners giving a colour of criminal offence, though there was no reason and occasion for filing such a complaint. On apprehension of arrest, an application is filed under Sec. 482 of BNSS seeking anticipatory bail. The said application came to be rejected by the learned Sessions Judge in terms of the order dtd. 16/12/2024 in Crl.Misc.No.1025/2024.

(3.) Learned counsel for the petitioners submits that there is a threat of arrest and the learned Sessions Judge committed an error in dismissing the petition on the premise that there is no threat of arrest.