Court observes offences not punishable with death or life imprisonment; bail granted subject to stringent conditions including personal bond and regular police reporting
In a significant decision dated October 1, 2026, the Karnataka High Court (Dharwad Bench) has granted regular bail to Kallappa, the petitioner in Criminal Petition No. 102409 of 2026, who was accused in a case involving kidnapping, personation as police officers, extortion, and related offences under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The case, registered as Crime No. 164/2026 by Hukkeri Police Station, involved allegations that the accused, along with others, forcibly abducted the complainant, impersonated police officers, threatened to implicate him under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, took photographs and videos to intimidate him, and extorted money.
The complainant alleged that on July 18, 2026, the accused handed him packets containing ganja and demanded ₹1,000. Subsequently, the accused chased him in a car, abducted him, and coerced him into handing over ganja packets. They misrepresented themselves as police officers, threatened legal action, and demanded a ransom ranging from ₹2 to 3 lakhs. Under duress, the complainant paid a total of ₹60,000 on two occasions to the accused. Following this, a complaint was lodged, and the petitioner was arrested.
During the hearing, the petitioner's counsel argued that he was falsely implicated and that the offences were not punishable by death or life imprisonment. The counsel expressed the petitioner's willingness to comply with any conditions imposed by the Court. Conversely, the High Court Government Pleader contended that prima facie evidence, including identification in a Test Identification Parade and recovery of money, implicated the petitioner. Concerns were raised about potential interference with prosecution witnesses and the risk of reoffending.
After examining the case records, the Court noted that the alleged offences, although serious, do not attract the harshest penalties under BNSS, 2023. It was also observed that the petitioner had already been in judicial custody and that recovery of the extorted amount had been effected, reducing the necessity for further detention.
Balancing the gravity of the offence, the nature of allegations, risk of absconding, the petitioner's antecedents, and the possibility of witness tampering, the Court granted bail with strict conditions. The petitioner was directed to execute a personal bond of ₹2,00,000 with two sureties and comply with the following conditions: appear on all court hearing dates, refrain from tampering with or threatening prosecution witnesses, cooperate with the Investigating Officer, avoid involvement in future offences, and report to the police station fortnightly for six months or until the filing of the final report.
The Court clarified that any violation of these conditions would entitle the prosecution to seek cancellation of bail. The observations in the order were specifically for disposal of the bail petition and do not influence the trial's outcome.
This judgment highlights the Karnataka High Court's approach under the BNSS, 2023 in granting bail by carefully assessing the offence's severity, the accused's conduct, and ensuring appropriate safeguards to balance the interests of justice and individual liberty.
Bottom Line:
Regular bail granted under Section 483 of BNSS, 2023 in a case alleging kidnapping, personation as police officers and extortion, where offences were not punishable with death or imprisonment for life, recovery had already been effected and further judicial custody was held unnecessary.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483; Bharatiya Nyaya Sanhita, 2023 Sections 319(2), 318(4), 140(2), 3(6)
Kallappa v. State of Karnataka, (Karnataka)(Dharwad) : Law Finder Doc Id # 3000403
