Ningaraj S/O Sharanappa Kambali vs State Of Karnataka

Umesh M Adiga, J

This petition is filed under Section 483 of BNSS, 2023 seeking grant of bail in Crime No.83/2025 of Sindanur Rural Police Station pending before II Addl. Civil Judge and JMFC, Sindanur, registered for the offences punishable under Section 137(2), 309(6) and 64 of BNS Act, 2023, on the grounds mentioned in the petition.

The learned HCGP orally and seriously objected for grant of bail, on the ground that alleged offences are serious in nature punishable death or imprisonment for life. Though investigation is completed, but charge sheet is not filed by the concerned police. At this juncture, if bail is granted, the accused being resident of the same village, may tamper with a prosecution witness and evidence. Therefore, prayed for dismissal for the same.

The order dated 22.05.2025 reveals that, the concerned police gave a copy of the records to the learned AGA., however, same was not produced by the learned HCGP at the time of arguments.

Heard the arguments of learned counsel for both the parties.

Facts of the case are that:

One Siddesh S/o Lakkappa Chukkadi filed a complaint to Sindanur Rural Police Station dated 11.04.2025 alleging that, on 07.04.2025, his mother Smt. Neelamma intending to attend marriage ceremony of her relative at Gangavathi. She was wearing golden ornaments while going to Gangavathi. Complainant took her on his motor cycle near to Singapura Bus stop. Accused came to the said place on his motor cycle and told them that he would drop her to Mukkunda, since she missed the bus. Thereafter, he told that he would drop her at Gangavathi and took her on his motor cycle as pillion rider. However, he did not drop her at Gangavathi and took her to a hilly place near Anegundi Bridge, between 7.00 to 8.00 p.m., assaulted her, robbed her golden ornaments worth more than Rs.1,50,000/- and raped her. He left the said place with golden ornament of Neelamma. Villagers rescued her and paid money to bear the expenses to return to her village.

On 09.04.2025, when complainant was at bus stop, Neelamma came to bus stop around 2.50 in the noon. Looking to the injuries sustained by her, complainant enquired her and she narrated about the incident. He took her to Sindanur Government Hospital for treatment, thereafter shifted her to VIMS Hospital Ballari as per medical advice; and admitted her in the trauma center of VIMS Hospital, Ballari.

It appears information was sent to concerned police station; SHO of Sindanur Rural Police Station deputed Head Constable, who received the complaint from Siddesh and on that basis registered a case in Crime No.83/2025 for the alleged offences mentioned above.

It appears on 12.04.2025, petitioner was arrested by the SHO of concerned police station and recorded his confession statement. Thereafter, on the basis of confession statement seized golden ornaments, which were belonging to Neelamma under Mahazar. Petitioner was produced before the concerned court, wherein, he was remanded to judicial custody.

He filed a bail application before Sessions Court at Sindanur in Crl.Misc.No.5190/2025. The learned Sessions Judge by order dated 07.05.2025, dismissed the said petition.

Looking to the materials produced by the petitioner, prima facie case is made out and there are reasonable grounds to believe that he has committed alleged offences. Out of the said offences, offences punishable under Section 64 of BNS is punishable with imprisonment for life or imprisonment for not less than 10 years. Undisputedly so far charge sheet is not filed. As rightly submitted by learned HCGP, victim as well as accused are of the same village and known persons. It appears some of the witnesses must also be from the said place. If petitioner is released on bail, there are chances of tampering of prosecution witnesses and destroying of the evidences. Therefore, at this juncture it is not a fit case to grant a bail.

The learned counsel for the petitioner vehemently contends that there is a delay of four days in filling the complaint. It indicates that petitioner has been falsely implicated in this case. The said contentions is not acceptable. In the complaint, grounds for the delay is stated. Whether it is reliable or not, has to be considered during trial. On that ground at this juncture it cannot be suspected that it is a false case.

In the petition at Para 14 of the petition it is stated as under:

“One cannot lose its sight on the fact that, in view of inordinate delay in setting the criminal law in motion, it could be presumed that, first informant’s mother was in relationship with the petitioner and since said fact known to the sons and other family members, in order to save her skin foisting false case cannot be ruled out.”

There is no such legal presumption. Therefore, on such ground case of the prosecution cannot be suspected.

For the above said discussions, at present petitioner is not entitled for bail. Accordingly, I pas the following:

ORDER

Application filed for bail under section 483 of BNSS Act, 2023 in Crime No.83/2025 registered by Sindanur Rural Police Station for the offences punishable under Sections 137(2), 309(6) and 64 of BNS,2023, pending on the file of II Addl. Civil Judge and JMFC, Sindanur is dismissed.