Karnataka High Court
CRL.P/201574/2024 of RAHUL S/O SANGAPPA CHIMA Vs THE STATE OF KARNATAKA on 31 December 2024
2024:KHC-K:10152 CRL.P No. 201574 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.201574 OF 2024 (438(Cr.PC)/482(BNSS)) BETWEEN: RAHUL S/O SANGAPPA CHIMA AGE: 21
IN THE HIGH COURT OF KARNATAKA, |KALABURAGI BENCH
DATED THIS THE 31[ST]DAY OF DECEMBER, 2024BEFORETHE HON'BLE MR. JUSTICE SHIVASHANKARAMARANNAV ARCRIMINAL PETITION NO.2015/74 OF 202(438(Cr.PC)/482(BNSS)
BETWEEN:
RAHUL S/O SANGAPPA CHIMAAGE: 21 YEARS,OCC: LABOUR,R/O: RAIPALLI,TQ: AND DIST: BIDAR-585401.
PETITIONER|
(BY SRI. JAIRAJ K. BUKKA, ADVOCATE)
AND:
THE STATE OF KARNATAKA.Digitally signed byRENUKABY ITS POLICE CHINTAKI, |Location: HIGHCOURT OFTQ: AURAD, DIST: BIDAR,KARNATAKAREP. BY ADDL. STATE PUBLIC PROSECUTOR, |HIGH COURT OF KARNATAKA,KALABURAGI-585103.
RESPONDENT
(BY SRI. SHESHADRI JAISHANKAR, AGA)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438|OF CR.P.C. (OLD), UNDER SECTION 482 OF BNSS (NEW),PRAYING TO ALLOW THIS PETITION AND RELEASE THE!PETITIONER ON BAIL IN EVENT OF HIS ARREST IN CRIME NO.67/2024 PUNISHABLE UNDER SECTIONS 329(3) AND 74 OF.
BNS ACT REGISTERED BY THE CHINTAKI POLICE STATION,TALUK AURAD AND DISTRICT BIDAR, NOW PENDING ON THE|FILE OF CIVIL JUDGE AND JMFC COURT, AURAD AT BIDAR.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,ORDER WAS MADE THEREIN AS UNDER:
CORAM:HON BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)
This petition is filed by the sole accused under Section438 of Code of Criminal Procedure/482 of the Bharatiya Nagarik Suraksha Sannita, 2023 (for short, ‘the BNSS’)|seeking anticipatory bail in Crime No.6/7/2024 of ChintakiPolice Station, Aurad circle, District Bidar registered for the|offences punishable under Sections 329 (3) and 74 of theBhartiya Nyaya Sannita, 2023 (for snort, the BNS’).
2DTne case of the prosecution is that:
On 16.11.2024 at 01-00 p.m., when first informantwas sleeping on the cot in front of her house in their lana,the petitioner came there under the pretext of enquiringabout a person, sat on the cot and the first informant was.taken by surprise and stood up. Then, the petitioner proceeded towards ner and held her hand and nNugged ner.The first informant screamed and thereafter, the petitionerleft her. The first informant took a stone in ner hand to}safeguard herself and the petitioner left the spot on hismotorcycle. The complaint filed by the first informant came|to be registered in Chintaki Police Station in CrimeNo.67/2024 for the offences punishable under Sections)329(3) and 74 of the BNS. The petitioner apprenending hisarrest, Nas approached the Sessions Court and his petitioncame to be rejected. The petitioner is therefore before thisCourt seeking grant of anticipatory bail.
‘3Heard learned counsel for the petitioner and thejearnec|AdditionalGovernmentAdvocatefor|tnerespondent-State.
4Learnedcounselfor.tnepetitionerWOUICcontend that offences alleged against the petitioner are notpunishable either with death or imprisonment for life. The)petitioner is ready to cooperate with the police for)investigation. Tnere is a boundary dispute petween the sister of the petitioner and complainant and therefore, afalse case came to be lodged against this petitioner. Onthese grounds, he prays for allowing the petition.
5. Per contra, learned Additional Government|Advocate would contend that there is aprima facieCaseagainst the petitioner and there is an eyewitness by nameRanul S/o Balappa, who is a relative of the complainant.|The presence of the petitioner is required for custodialinterrogation and recovery of motorcycle used by thepetitioner. If the petitioner is granted anticipatory bail, he)will threaten the complainant and other prosecutionwitnesses and hamper the investigation. With thesegrounds, he prays for rejecting the petition.
6. Having heard the learned counsel for thepetitioner and the learned Additional Government Advocate|and naving perused the FIR, complaint and other materialsplaced on record, it is evident that the offence alleged.against the petitioner is under Section 74 of BNS and thepunisnment provided for the same is imprisonment for one)
year wnich may extend to five years. The other offencealleged against the petitioner is under Section 329 (3) ofBNS and the punishment provided for the same is)imprisonment for three months and fine up to Rs.5,000/-.or with both. The offences alleged against the petitionerare not punishable either with death or imprisonment forlife. The petitioner has undertaken to cooperate with the.police in the investigation. Tne apprehension of the)prosecution that if the petitioner is granted anticipatory|Dail, he will threaten the complainant and Namper the)investigation could De met with by imposing stringentconditions. Hence, the petitioner has made out a groundto grant anticipatory bail.
J.In the result, the following:
ORDER
The petition isallowed
Tne petitioner/accused is ordered to be released onbail in Crime No.67/2024 of Chintaki Police Station, Aurad
Circle, Bidar District, in the event of his arrest subject to following conditions:
The petitioner shall voluntarily appear before.the Investigating Officer within a period of 15.days from today and shall execute a personalbond in a sum of Rs.1,00,000/- (Rupees One|Lakh only), with one surety for the likesum to the satisfaction of the Investigating Officer;the Investigating Officer within a period of 15.days from today and shall execute a personalbond in a sum of Rs.1,00,000/- (Rupees One|Lakh only), with one surety for the likesum to the satisfaction of the Investigating Officer; The petitioner shall co-operate with the policefor investigation. |for investigation. |
The.petitionerShallNOTthreatentnecomplainant and other prosecution witnesses. |complainant and other prosecution witnesses. |
Sd/-|(SHIVASHANKAR AMARANNAVAR)JUDGE|