SAMPATH KUMAR NAYAK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is the petition filed under Sec. 482 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS, 2023', for short), praying for grant of anticipatory bail to the petitioner/accused No.2 in the event of his arrest in Crime No.57/2025 of Gudageri Police Station for the offences punishable under Ss. 316(2) and 316(5) read with Sec. 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as 'BNS, 2023', for short).

(2.) The facts of the case are stated in detail in the bail petition. It is the contention of the petitioner that he is a Government employee having permanent job and there is no chance of his abscondence, if he is granted with anticipatory bail. It is further stated that the petitioner apprehended his arrest and approached the Jurisdictional Sessions Court seeking for grant of anticipatory bail. However, the said bail petition came to be rejected by order dtd. 9/1/2026. The petitioner further contended that there was no responsibility on him as alleged in the first information. According to him, he was on leave from 10/12/2025 to 14/12/2025, whereas, as per the case of prosecution, the alleged ration was supplied to the school on 9/12/2025. The petitioner submits that he is innocent of the offences alleged against him and he has been falsely implicated in the case. He submits that he is ready to abide by the conditions that may be imposed by this Court and ready to cooperate with the investigation and hence prays for allowing the bail petition.

(3.) Learned HCGP has filed statement of objections contending that the investigation is still in progress. It is further contended that the offences alleged against the petitioner are non-bailable in nature. If the petitioner is granted with bail, there is every possibility of he threatening the prosecution witnesses, repeating similar offences and obstructing the course of investigation and trial. It is also contended that there is possibility of abscondence the petitioner. Hence, he prayed for rejection of the bail petition.