Thippenaga vs State By Midigeshi Police

Shivashankar Amarannavar, J

This petition is filed by accused No. 2 under Section 483 of BNSS praying to grant bail in Crime No. 47/2025, Midigeshi Police Station registered for offence under Sections 103(1) and 238 of BNS.

Heard learned counsel for petitioner and learned HCGP for respondent - State.

Learned counsel for petitioner would contend that there are no eye witnesses to the incident and case of the prosecution is based on circumstantial evidence. The overt act of assault with a knife is alleged against accused No. 1. Allegation against the petitioner is that at the time of incident he tied the legs of the deceased with an old shirt fallen there and held his hands. Even though C.W.2, C.W.3, C.W.8 and C.W.10 are stated to be eye witnesses in the charge sheet, on perusal of their statement, it is seen that they are not eye witnesses to the incident. There is no recovery at the instance of this petitioner of any incriminating article. As chargesheet is filed petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. With this he prayed to allow the petition.

Per contra learned HCGP would contend that C.W.2, C.W.3, C.W.8 and C.W.10 are eyewitnesses to the incident. Petitioner had tied the legs of the deceased with an old shirt fallen there and held his hand and facilitated accused No. 1 to assault the deceased with knife. Chargesheet material show prima facie case against the petitioner for offences alleged against him. With this she prayed to reject the petition.

Having heard learned counsel for the parties, this Court has perused the charge sheet and other materials placed on record.

As per charge sheet, accused No. 1 and deceased were having illicit relationship. The deceased was harassing accused No. 1 not to have contact with any other person including her husband. Therefore petitioner No. 1 who had illicit relation with accused No. 2 made a plan to kill the deceased. In pursuance of the said plan accused No. 2 - petitioner took the deceased and made him to consume alcohol. Thereafter made him to lie on the stone heap and at that time accused No. 1 came there. Petitioner had tied the legs of the deceased with an old shirt fallen there and held the hands of the deceased and at that time accused No. 1 stabbed him with knife on his neck and caused his death.

Considering the above aspects, overt act of assault with knife is against accused No. 1. Overt act alleged against this petitioner is that he tied the legs of the deceased with an old shirt fallen there and held the hands of the deceased at the time of incident. Even though C.W.2, C.W.3, C.W.8 and C.W.10 are shown as eyewitnesses in the chargesheet, on perusal of their statements, they are not eyewitnesses to the incident. Petitioner is in judicial custody since 15.04.2025 and as chargesheet is filed he is not required for custodial interrogation. There are no criminal antecedents of the petitioner.

Considering the above aspects, petitioner has made out case for grant of bail with conditions.

In the result the following;

ORDER

Petition is allowed. Petitioner is granted bail in Crime No. 47/2025, Midigeshi Police Station subject to following conditions:

I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court.

II. Petitioner shall not tamper the prosecution witnesses either directly or indirectly.

III. Petitioner shall attend the trial Court on all dates hearing unless exempted and cooperate for speedy disposal of the case.