Shivappa S/O Rachappa & Ors vs State Of Karnataka

V Srishananda, J

Heard Smt.Ambika Ishwaraj Chowdapur, learned counsel for the petitioners and Smt.Arati Patil, learned High Court Government Pleader for the respondent – State.

Petition under Section 482 of BNSS, 2023 with the following prayer:

“Criminal petition is filed under section 482 of BNSS praying to direct the I.O. to release the petitioners on bail in the event of their arrest in Crime No.61/2025 of Raichur Gabbur P.S. for the of the offences u/Sec. 189(2), 191(2), 191(3), 352, 115(2), 118(1), 118(2), 74, 329(4), 109, 351(2) R/W Sec. 190 of BNS 2023, pending on the file of Prl. Civil Judge (Sr. Dn.) and CJM Court, at Deodurga, Raichur.”

Facts in brief, which are utmost necessary for disposal of the present petition are as under:

Upon the complaint lodged by Huligemma W/o. Hanumantha, Gabbur Police, Raichur registered a case in Crime No.61/2025 on 19.04.2025 for the offences punishable under Sections189(2), 191(2), 191(3), 352, 115(2), 118(1), 118(2), 74, 329(4), 109, 351(2) read with Section 190 of BNS, 2023.

3.1 Gist of the complaint averments would reveal that on 17.04.2025, when the complainant was in her house, accused No.1 – Shivappa S/o. Rachappa entered the house illegally and other accused persons had formed an unlawful assembly and they also followed accused No.1. Accused No.1 abused the complainant in filthy language, pulled her sari and other accused persons also joined accused No.1 and they assaulted the complainant. When the quarrel was sought to be pacified by Hanumanth, Ramakrishna and Udaykumar, the accused party assaulted them also with clubs and rods and all of them sustained grievous injuries.

3.2 Among the accused persons, lady folk in the guise of pacifying the quarrel, assaulted the complainant and slapped her. Neighbours and others came and pacified the quarrel and belated complaint came to be filed on 19.04.2025 at 6.30 p.m., which was registered in Crime No.61/2025.

3.3 The petitioners approached the District Court for grant of anticipatory bail. Same was rejected by the learned Sessions Judge.

Learned counsel for the petitioners would contend that the petitioners are innocent of the offences alleged against them and only with an intention to take an upper hand in the pending civil dispute, false complaint came to be lodged.

She would further contend that omnibus allegations are made against the petitioners and therefore, the petitioners may be granted anticipatory bail.

Per contra, learned High Court Government Pleader opposes grant of anticipatory bail and contended that injured persons have sustained grievous injuries and therefore, gravity of the offence is in aggravated form and therefore, sought for dismissal of the petition.

Having heard the arguments of both sides, this Court perused the material on record meticulously.

On such perusal of the material on record, it is crystal clear that before the Trial Court no wound certificate was furnished by the Government Pleader and even before this Court, learned High Court Government Pleader has not produced the wound certificate.

It is also noted that there are previous civil and criminal proceedings among the parties. Learned Sessions Judge was of the opinion that investigation is under progress, no case is made out for grant of anticipatory bail as it would affect the fair and proper investigation.

Taking note of these aspects of the matter, if the petitioners are directed to join the investigation on a particular day and cooperate with the Investigation Officer by undergoing a limited period of custodial interrogation, it would not only meet the ends of justice but also facilitate the investigation process.

Accordingly, without expressing further opinion on merits of the matter, especially in view of pendency of the counter case filed by the accused persons against the complainant party, following order is passed:

ORDER

a) Criminal petition is allowed.

b) Petitioners are directed to join the investigation by appearing before the Investigation Officer on 01.07.2025 at 09.00 a.m. without further notice.

c) Investigation Officer is at liberty to take the petitioners to custody and complete the custodial interrogation on the same day before 6.00 p.m. and thereafter, enlarge the petitioners on bail in Crime No.61/2025 of Gabbur police station, Raichur, on taking a bond in a sum of Rs.50,000/- each with one surety for the likesum to the satisfaction of the Investigation Officer.

d) Petitioners shall co-operate with the Investigation Agency and in that direction, shall mark their attendance on every third Sunday between 10.00 a.m. to 02.00 p.m., till the final report is filed.

e) Petitioners shall not tamper the prosecution witnesses in any manner.

f) Petitioners shall not leave the jurisdiction of Raichur district without prior permission.

g) Petitioners shall attend before the Trial Court on all hearings dates without fail.

Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail.