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2025 Supreme(Online)(KAR) 3566
HIGH COURT OF KARNATAKA
MR. JUSTICE RAVI V.HOSMANI, J
BHIMAPPA GOVINDAPPA CHAVHAN – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRL.P 100487 of 2025
The court granted bail based on the completion of investigation, absence of criminal antecedents, and lack of necessity for custodial interrogation, despite the serious nature of the charges.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Bharatiya Nyaya Sanhita, 2023 - Sections 115 (2), 118 (1), 118 (2), 126 (2), 189 (2), 190, 191 (2), 191 (3), 351 (2), 352, 109 (1), 103 (1) - Grant of regular bail - Accused charged with serious offences including murder following a violent incident - Petitioners argued for bail citing lack of criminal antecedents and completion of investigation - State opposed bail due to the heinous nature of offences and eyewitness accounts supporting prosecution - Court found no need for custodial interrogation and allowed bail. (Paras 1, 5, 9, 10)
(B) Bail - Considerations for granting bail - The court must assess the nature of the offence, the possibility of false implication, and the need for custodial interrogation - The absence of criminal antecedents and completion of investigation can favor bail. (Paras 8, 10)
Facts of the case:
The petitions were filed for bail in a case involving multiple accused charged with serious offences following a violent incident that resulted in the death of a victim. The petitioners claimed they were falsely implicated and had no prior criminal records.
Findings of Court:
The court found that the investigation was complete, and the petitioners were not required for custodial interrogation, thus granting bail.
Issues: The main issue was whether the petitioners were entitled to regular bail given the serious nature of the charges and the circumstances of the case.
Ratio Decidendi: The court ruled that the nature of the offences, the completion of the investigation, and the absence of prior criminal records justified the grant of bail, emphasizing that the views expressed were prima facie and would not influence the trial's final outcome.
Result: Both criminal petitions are allowed.
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)
These petitions are filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNS S’) for grant of regular bail in Crime no.141/2024 by Ghataprabha Police Station, for offences punishable under Sections 115 (2), 118 (1), 118 (2), 126 (2), 189 (2), 190, 191 (2), 191 (3), 351 (2), 352, 109 (1) and 103 (1) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’). While Crl.P.no.100487/2025 is filed by accused no.1, 2 and 4 to 6, Crl.P.no.103833/2024 is filed by accused no.7 to 9.
2. Prosecution case against petitioners herein is based on complaint filed by Smt.Sunanda Vittal Chavan (complainant) stating she was homemaker residing with husband Vittal and children at Kalloli village. That there was love marriage of Amrata, daughter of Vittal’s elder brother Bheemappa Chavan with Prajwal of Kankanawadi village, about three months earlier. But, there were rumors in village about she being pregnant. Alleging that such rumors were spread by complainant and her family, on 30.08.2024 at 7:00 p.m., Bheemappa Chavan, Hanumant Chavan, Lakshman Padathare, Ningappa Padathare, Prakash Padathare, Raju Kanwade, Chetan Kanwade, Umesh Padathare and Manappa Padathare trespassed onto land of complainant holding sticks and axe asking them why they were concerned about Amrata, which led to quarrel and accused no.1 held Vittal (victim) tightly while Ningappa and Nagappa hit him on his head and left leg. Lakshman assaulted him with stone. Prakash assaulted complainant’s son and while Raju and Chetan Kanwade held her son Sachin, Ningappa assaulted him with hands and stick and Hanumant Chavan with axe cutting his right hand fingers. Thereafter, Umesh and Manappa also assaulted victim and his children. Hearing their cries for help, villagers and neighbors assembled and saved them. But while leaving accused threatened complainant not to spare them.
3. On said complaint, Crime no.141/2024 (supra) was registered. After victim died during treatment on 04.09.2024 at Lake View Hospital, Belagavi, and though petitioners had not committed any offences as alleged, they were falsely implicated for offences under Sections 189 (2), 191 (2), 191 (3), 115 (2), 118 (1), 118 (2), 126 (2), 352, 351 (2), 109 (1), 103 (1) read with Section 190 of BNS and charge sheet was filed on 19.10.2024.
4. Sri VM Banakar and Sri Prashanth Matapati respective counsel submitted in respect of incident on 30.08.2024, there was another complaint filed by Smt.Uma Bhimappa Chavan on 03.09.2024 at 19:30 hours alleging assault by Sachin Vitthal Chavan, Vitthal Govindappa Chavan, Vasant Govindappa Chavan, Amit Vasant Chavan, Maruti Vittal Chavan, Smt.Sunanda Vittal Chavan, Smt.Surekha Vasant Chavan, Smt.Sukanya Vittal Chavan, Smt.Priyanka Vasant Chavan, Smt.Sonavva Maruti Hallur. It was therefore submitted that incident in question involved complaint and counter complaint. It was submitted, since petitioners were under treatment Giraddi Hospital in Mudalagi there was delay of 3½ days in filing complaint. It was submitted, accused no.3 and 10 were on anticipatory bail whereas accused no.1 and 6 were arrested on 03.09.2024, accused no.2 and 4 to 9 were arrested on 10.09.2024. It was submitted, while they were in custody, prosecution had completed investigation and filed charge sheet on 19.10.2024. It was submitted, in view of fact that accused in Crime no.147/2024 were absconding, investigation was not yet completed and charge sheet not yet filed. It was submitted, there was delay of 1½ days in filing complaint in instant case as FIR was registered on 01.09.2024 at 12:15 a.m. in respect of incident that had occurred at 7:00 p.m. on 30.08.2024. It was submitted, said delay would give rise for possibility of improvisation and implication of all family members for wrecking vengeance. There are no criminal antecedents. It was submitted, since prosecution was seeking to examine 35 witnesses, completion of trial was likely to be de
