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Judgment
Shivashankar Amarannavar, J
This petition is filed by accused Nos. 10, 18, 19, 21, 22, 23, 24, 27 under Section 482 of BNSS praying to grant anticipatory bail in Crime No. 201/2023 of Beguru Police Station registered for offence under Sections 306, 114 read with Section 149 of IPC.
Heard learned counsel for petitioners and learned HCGP for respondent - State.
Learned counsel for petitioners would contend that the petitioners were not members of the panchayat. The allegation is that panchayat members had imposed fine on C.W.2 to C.W.4 for having assaulted each other with chappal and it was questioned by the deceased Shivaraju and to him also, fine has been imposed. Deceased is stated to have committed suicide as he had been insulted by imposition of fine. It is stated that the deceased has left a death note. Death note is not part of the chargesheet. Investigation is over and chargesheet is filed. Petitioners are not required for any custodial interrogation. The offence alleged against the petitioners is not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioners. With this he prayed to allow the petition.
Per contra, learned HCGP would contend that the petitioners were members of the panchayat which imposed fine not only on C.W.2 to C.W.4 but also on the deceased. The deceased, as he was insulted by imposition of fine, left death note and committed suicide by hanging with a saree in the house. There is a prima facie case against the petitioners for offences alleged against them. With this, she prayed to reject the petition.
Having heard learned counsel for the parties, this Court has perused the chargesheet and other materials placed on record.
The accusation in the chargesheet against the petitioners is that they were members of the panchayat and they have imposed fine on C.W.2 to C.W.4 for having assaulted each other with chappal. When deceased questioned them, they also imposed fine on the deceased. The deceased, being insulted by imposition of fine, left death note and committed suicide by hanging with a saree in the house. Whether the alleged act of the petitioners imposing fine on the deceased amounts abetment to commit suicide or not is a matter of trial. As chargesheet is filed petitioners are not required for custodial interrogation. The offence alleged against the petitioners is not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioners.
Considering the above aspects, petitioners have made out case for grant of anticipatory bail with conditions.
In the result, the following
ORDER
Petition is allowed. Petitioners are ordered to be released on bail in the event of their arrest in Crime No. 201/2023 of Beguru Police Station subject to following conditions.
I. Petitioners shall appear before the jurisdictional Court within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- each with one surety for the likesum with the satisfaction of the jurisdictional Court.
II. Petitioners shall not tamper the prosecution witnesses either directly or indirectly.
III. Petitioners shall attend the trial Court on all dates of the hearing unless exempted and cooperate for speedy disposal of the case.