Chandravva Mayappa Pujeri & Ors. vs State Of Karnataka

Ravi V. Hosmani, J

This petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short), as accused no.4 and 5 (petitioners) are apprehending eminent arrest for non-bailable offences in view of registration of Crime no.115/2024 by Jamakhandi Town Police Station for offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 109, 352 and 190 of Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short).

Sri Abhinandan M.Gundawade, learned counsel for petitioners submitted that petitioners were permanent residents of Halalli village, Athani taluk having movable and immovable properties, without any criminal antecedents, but were apprehending arrest on a false and frivolous complaint filed belatedly by Basavaraj Kanagond on 19.12.2024 in respect of an alleged incident dated 13.12.2024. It was submitted, complainant claimed to have conducted ‘Sting Operation’ against accused no.1 for illegal transportation of rice meant for distribution to beneficiaries under Public Distribution Scheme (PDS). It was submitted, despite complainant being a journalist, explanation for delay was that he being a respectable citizen would loose his standing in eye of society and attract risk to his family members, etc., would be too far fetched and unacceptable. It was submitted, as per complaint, assault occurred at a shed and not complainant’s residence. He had not disclosed his location to lady who had called him, half an hour prior to incident. Therefore, occurrence of incident as alleged would also be doubtful.

It was further submitted, only overt acts insofar as petitioners were assault with hands, without any corresponding injuries in Wound Certificate. It is submitted, nature of injuries were simple and not caused with any deadly weapon. Therefore, registration of complaint for offence under Section 109(1) of BNS was totally unjustified. It was further submitted, petitioner no.1 was a woman and permanent resident of Athani taluk, whereas, victim was a resident of Jamakhandi more than 30 kilometers away. Even failure on part of complainant’s/victim’s friend who was at scene to file complaint cast entire incident in doubt. It was thus established, petitioners were being arraigned to spoil their reputation. On above grounds, sought for grant of anticipatory bail.

On other hand, Smt.Girija S.Hiremath, learned HCGP for respondent-State sought to oppose petition. At outset it was submitted, matter was still under investigation and offences alleged against accused were under Sections 189(2), 191(2), 191(3), 115(2), 109, 352 and 190 of BNS, therefore, when petitioners along with others were alleged to have formed unlawful assembly with common intent to murder victim and assaulted victim with sticks, chair, etc., regardless of nature of injuries noted in Wound Certificate being as simple, offence would attract higher punishment prescribed under Section 109(1) of BNS which would be imprisonment for life. Further as offences included Section 190 of BNS, regardless of fact that overt acts insofar as petitioners (accused no.4 and 5) were assault with hands, each of member of unlawful assembly would be equally guilty of main offence. Under above circumstances, grant of anticipatory bail to petitioners was likely to hamper investigation and presence of petitioners for custodial interrogation was necessary. Therefore sought for rejection of bail petition.

Heard learned counsel.

From above, point that arises for consideration is:

“Whether petitioners are entitled for anticipatory bail with conditions?”

This petition is for anticipatory bail by accused no.4 and 5 who are basing their apprehension and arrest for non-bailable offences in view of registration of Crime no.115/2024 by Jamakhandi Town Police Station for offences stated above. Nature of offences alleged are heinous as offences alleged are forming of unlawful assembly, riotious behavior, attempt to murder with common intention, etc., and in process injuring complainant/victim. As rightly pointed out, where hurt is caused in furtherance of attempt to murder, same would attract higher punishment i.e. imprisonment for life. But there is no allegation of assault with any deadly weapons. Nature of injuries as noted in Wound Certificate are simple. Only overt acts insofar as accused no.4 and 5 are assault with hands and legs which may be minor offence not punishable either with death or imprisonment for life. Petitioners’ claim that there were no any criminal antecedents has not been denied or disputed. Admittedly, petitioners are permanent residents of Halalli village, Athani taluk having movable and immovable properties. In fact, petitioner no.1 is a woman. When considered in light of fact that there is a delay of 6 days in filing complaint even when complainant was a journalist, petitioners would be entitled for bail but on conditions. Therefore, point for consideration is answered in affirmative. Hence, following:

ORDER

Petition is allowed. Petitioners/accused no.4 and 5 shall be enlarged on bail, in case of arrest in Crime no.115/2024 of Jamakhandi Town Police Station for offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 109, 352 and 190 of BNS, subject to following conditions:

a) Each petitioner (accused No.4 and 5) shall execute personal bonds for sum of Rs.1,00,000/- with one surety for likesum.

b) They shall appear before Investigating Officer as and when required and co-operate with investigation.

c) They shall mark their attendance before Investigating Officer on every alternate Sunday between 9:00 a.m. and 4:00 p.m. beginning with 23.02.2025, until filing of charge-sheet.

d) They shall not threaten, tamper with or influence prosecution witnesses, either directly or indirectly

e) They shall be regular in attending trial.

f) They shall not indulge in any criminal activities.

g) They shall forthwith inform any change of their residence to Investigating Officer.