Venkatesh & Others vs State Of Karnataka & Others

T G Shivashankare Gowda, J

This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) (old Section 439 of Cr.P.C.) by the petitioners/accused Nos.3, 8, 13 and 24 seeking regular bail in Crime No.285/2024 of Devadurga P.S. for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 109, 352 and 351(2) R/w Section 190 of BNSS Act.

Brief facts of the case are that, there was a complaint registered against the brother of the complainant by name Jeevalappa @ Jeeva on the ground that he has committed rape against daughter of Shankreppa. Jeevalappa @ Jeeva was arrested, sent to the jail and later he was released on bail. The father of the victim Shankreppa and his other family members after coming to know about release of Jeevalappa @ Jeeva. On 04.09.2024 at about 9.00 a.m. along with other accused persons formed into an unlawful assembly and assaulted Jeevalappa @ Jeeva and made an attempt to commit his murder. Hence, the law was set into motion against the accused persons and petitioners herein who are arrayed as accused Nos.3, 8, 13 and 24 in the FIR.

The petitioners have been arrested and subjected to judicial custody and they have approached the learned II Addl. Sessions Judge, Raichur seeking grant of regular by filing petition in Crl.Misc.No.546/2024 along with accused Nos.20 and 21. As per the order dated 25.09.2024, learned II Addl. Sessions Judge, Raichur rejected the regular bail to the petitioners herein but only granted bail to the accused Nos.20 and 21. Aggrieved by the rejection of bail, the petitioners are before this Court.

Heard the arguments of both sides.

The material on record goes to show that the petitioners are the relatives of Shankreppa whose daughter alleged to have been raped by the brother of the complainant Jeevalappa @ Jeeva. He was released on bail and thereafter on 04.09.2024, the petitioners joined the hands with the Shankreppa and went near the house of Jeevalappa @ Jeeva and assaulted him. The allegations made in the complaint as well as material on record would point that Jeevalappa @ Jeeva has not sustained any fatal injuries and discharged from the hospital.

Having regard to the overtact against these petitioners who are arrayed accused Nos.3, 8, 13 and 24, the accused No.3 assaulted with stone on the back of the brother of the complainant. Accused No.24 used the hand as weapon of the offence and assaulted on the face and accused Nos.8 and 13 who are armed with the stick were the members of the unlawful assembly. Learned II Addl. Sessions Judge, Raichur in Crl.Misc.No.546/2024 extended the bail to the accused Nos.20 and 21. These petitioners are similarly placed with the said accused persons who are also armed with stick being the members of an unlawful assembly. The allegations against the accused Nos.3 and 24 that they have assaulted against the Jeevalappa @ Jeeva which will not prima facie attract the alleged offence under Section 109 of BNS. Since the learned II Addl. Sessions Judge already exercised his discretion in granting regular bail to the accused Nos.20 and 21, on parity, these petitioners i.e., accused Nos.3, 8, 13 and 24 are also entitled for grant of regular bail. Hence, sufficient grounds made out by the petitioners for grant of regular bail.

The petitioners are already assisted for the investigation. They are undertaking to abide by all terms and conditions that would be imposed. The apprehension expressed by the learned High Court Government Pleader can be met with by imposing stringent conditions on the petitioners. In the result, the following;

ORDER

The petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioners – accused Nos.3, 8, 13, 24 is hereby allowed, subject to the following conditions:-

i) The petitioners shall execute personal bond for a sum of Rs.50,000/- each with a surety for the likesum to the satisfaction of the learned Magistrate;

ii) The petitioners shall not pose threat to the victim, the complainant and meddle with the investigation.

iii) The petitioners shall not directly or indirectly tamper with any of the prosecution witnesses.

iv) The petitioners shall assist for the completion of the investigation.