(Prayer: This Criminal Petition is filed u/S. 438 of Cr.P.C. (u/S. 482 of BNSS, 2023) praying to issue a direction to the Siddapura Police Station, to enlarge the present petitioner, who is arrayed as Accused No.3 on ball in the event of his arrest by the Siddapur Police, in connection with their P.S. Crime No. 186/2025, for the offences punishable under Sections 105, 238 R/w Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, pending on the file of Principal Civil Judge and JMFC, Siddapur, Uttara Kannada, to meet the ends of justice.)

Oral Order

1. Heard Sri Pranav Badagi, learned counsel for petitioner and Sri P.N.Hatti, learned High Court Government Pleader for respondent.

2. Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS 2023', for short) with the following prayer:

          "Praying to issue a direction to the Siddapura Police Station, to enlarge the present petitioner, who is arrayed as accused No.3 on ball in the event of his arrest by the Siddapur Police, in connection with their P.S. Crime No.186/2025, for the offences punishable under sections 105, 238 r/w section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, pending on the file of Principal Civil Judge and JMFC, Siddapur, Uttara Kannada, to meet the ends of justice."

3. Brief facts of the case are as under:

          Complainant by name Vishnu lodged the complaint with Siddapura Police Station on 20.11.2025 alleging that his father was missing and he kept search in the vicinity including the small river which was flowing near the place of incident. But he was unable to trace his father and later on with the help of other villagers when he was searching for his father, he was able to trace the dead body of his father which was seen in the river in a drowning condition with skin peeled off here and there and he suspected that his father has died on account of electrocution because of the accused persons illegally drawing the electricity from the main line with the help of a hook and lodged the complaint on 20.11.2025.

4. The complaint came to be registered in Crime No.186/2025 for the offences punishable under Section 105 and 238 r/w Section 3(5) of BNS against the petitioner herein.

5. After registering the case, police are investigating the matter and they are unable to trace the present petitioners. In the meantime, attempt made by the petitioner to obtain an order of grant of anticipatory bail is turned down by the learned District Judge and thereafter petitioner is before this court.

6. Sri Pranav Badagi, learned counsel for the petitioner reiterating the grounds that in the petition, vehemently contented that petitioner is totally innocent of the offences lodged against them and there is a huge delay in lodging the complaint. That too only on the suspicion and therefore petitioner is to be granted anticipatory bail.

7. Per contra, learned High Court Government Pleader opposes the bail grounds.

8. Having heard the arguments of both sides, this Court perused the material on record meticulously.

9. On such perusal, there is a delay of about 16 days in lodging the complaint. Proper reasons are not assigned in the complaint for explaining the delay. No doubt, every delay would not be fatal to the case of the prosecution, but in the case on hand, funeral of the body has taken place even before approaching the police.

10. Therefore, the prosecution is unable to get any clue from the post mortem report.

11. Nevertheless, since electrocution is alleged investigation, custodial investigation of the petitioner is necessary. Therefore, in order to strike a harmonious balance between the right of the petitioner and the need of the prosecution, if the limited period of custodial interrogation is ordered and thereafter petitioner is directed to be enlarged on bail, ends of justice would be met.

12. Accordingly, the following order is passed:

ORDER

          i. Petition is allowed.

          ii. Petitioner is directed to join the investigation by appearing before the Investigating Officer on 20.01.2026 at 10:00 a.m.

          iii. Investigation Officer is at liberty to take the petitioner to custody and complete the custodial interrogation, if any on the same day before 6:00 p.m. and thereafter enlarge the petitioner on bail by taking a bond in a sum of ₹1,00,000/- with two sureties for the like sum to the satisfaction of the Investigation Officer.

          iv. Petitioner shall not tamper the prosecution witnesses in any manner, if any incriminatory material is elicited in the custodial interrogation, the Investigation Officer is at liberty to file supplementary charge sheet as is contemplated under Section 193 of BNSS.

          v. Petitioner shall attend the Court regularly. vi. Petitioner shall not leave the jurisdiction of Uttara Kannada District without prior permission.

          Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail.