<p>Bengaluru: The Karnataka High Court has said that the courts are required to be more cautious while permitting the Investigation Officer to invoke the offence punishable under section 111 of BNS, the provision pertaining to organized crime. Justice S Vishwajith Shetty has said this while granting conditional bail to the petitioner.</p><p>The petitioner Avinash, a resident of Goa, was arrested on January 6, 2025 by the CEN police, Bengaluru, on the allegation that he had withdrawn Rs one lakh from the account of the complainant Hazarat Ali Malhakatti using the latter’s ATM card on his instructions. </p><p>Avinash had moved the high court after his bail petition was rejected by the trial court on January 20, 2025. The police had also invoked offences under section 111(3) and section 111(4) of the BNS.</p>.Consultation on Soujanya case held after Karnataka High Court lifts gag order . <p>In the petition seeking regular bail, it was argued on behalf of Avinash that except him, no other accused is arrested in the case and yet the trial court allowed application filed by the police for invoking offences punishable for organized crime. It was further claimed that even after completion of 60 days, a charge sheet is yet to be filed in the case and hence he is entitled for default bail.</p><p>Justice Vishwajith Shetty noted that besides non-filing of the charge sheet, no material has been collected by the Investigation Officer against the petitioner to invoke the offences under sections 111 (3) and 111(4) of BNS.</p><p>“Whenever such an application/requisition is filed by the Investigation Officer, the courts are required to apply their mind and thereafter pass necessary orders. The application/requisition of the Investigation Officer seeking permission of the Court to invoke Section 111 of BNS, 2023, should be accompanied with necessary documents/materials which would prima-facie show the necessity to invoke the offence punishable under Section 111 of BNS, 2023 and it is only after considering such material which is are produced by the Investigation Officer along with the application/requisition, the concerned court can consider his request to invoke the offence punishable under Section 111 of BNS, 2023,” the court said.</p>
<p>Bengaluru: The Karnataka High Court has said that the courts are required to be more cautious while permitting the Investigation Officer to invoke the offence punishable under section 111 of BNS, the provision pertaining to organized crime. Justice S Vishwajith Shetty has said this while granting conditional bail to the petitioner.</p><p>The petitioner Avinash, a resident of Goa, was arrested on January 6, 2025 by the CEN police, Bengaluru, on the allegation that he had withdrawn Rs one lakh from the account of the complainant Hazarat Ali Malhakatti using the latter’s ATM card on his instructions. </p><p>Avinash had moved the high court after his bail petition was rejected by the trial court on January 20, 2025. The police had also invoked offences under section 111(3) and section 111(4) of the BNS.</p>.Consultation on Soujanya case held after Karnataka High Court lifts gag order . <p>In the petition seeking regular bail, it was argued on behalf of Avinash that except him, no other accused is arrested in the case and yet the trial court allowed application filed by the police for invoking offences punishable for organized crime. It was further claimed that even after completion of 60 days, a charge sheet is yet to be filed in the case and hence he is entitled for default bail.</p><p>Justice Vishwajith Shetty noted that besides non-filing of the charge sheet, no material has been collected by the Investigation Officer against the petitioner to invoke the offences under sections 111 (3) and 111(4) of BNS.</p><p>“Whenever such an application/requisition is filed by the Investigation Officer, the courts are required to apply their mind and thereafter pass necessary orders. The application/requisition of the Investigation Officer seeking permission of the Court to invoke Section 111 of BNS, 2023, should be accompanied with necessary documents/materials which would prima-facie show the necessity to invoke the offence punishable under Section 111 of BNS, 2023 and it is only after considering such material which is are produced by the Investigation Officer along with the application/requisition, the concerned court can consider his request to invoke the offence punishable under Section 111 of BNS, 2023,” the court said.</p>