The court granted bail to the petitioner due to insufficient direct evidence against him, emphasizing the importance of the nature of charges and conditions to prevent witness tampering.

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNS S ’) for grant of regular bail in Crime no.112/2024 by Aigali Police Station for offences punishable under Sections 189 (2), 191 (3), 126 (2), 49, 115 (2), 238, 190, 103 (1) and 140 (1) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS ’) by accused no.3 (petitioner).

2. Sri Raja Raghavendra Naik, learned counsel for petitioner submitted as per prosecution case, complaint was filed by Sathyappa Sangappa Devakhate on 30.07.2024 at 12:15 p.m., stating that he was private school teacher and permanent resident of Kohalli along with his father, mother, three brothers, wife and children. It was stated about six years earlier his father had borrowed Rs.2,50,000/- from one Shambulinga Mamadapur of Badagi village out of which he was due Rs.1,00,000/-. About four days earlier Shambulinga had called complainant’s brother demanding return of said money, he was asked for sharing particulars of bank account for transfer by RTGS. On insistence for cash payment, it was delayed.

3. At about 7:00 p.m. on 29.07.2024 Shambulinga arrived at their farm house, in car and enquired about Sangappa. After being informed that Sangappa was not in station, Shambulinga went away. But at 7:45 p.m., his brother Santosh came home crying stating that Shambulinga along with two others had kidnapped Sangappa in car bearing registration no.MH-43/AN-0799. Immediately he went to Kohalli village, informed relatives and well wishers. When his brother Sachin called Shambulinga and informed him that they would repay amount, he instructed them to pay amount to Shrishail Taunshi and only if he received confirmation call from Shrishail, Sangappa would be freed. Thereafter, complainant searched nearby and also enquired at Shambulinga’s house. His children informed that he had not come back. At little later, Shambulinga called and informed his children that persons who were with him had dropped him at District Hospital in Vijayapura.

4. When complainant went there at 5:00 a.m., he found car bearing registration no.MH-43/AN-0799 parked. When they opened door, Sangappa was found dead. Therefore, complainant suspected Shambulinga along with others had kidnapped Sangappa with intention to recover Rs.1,00,000/- killed him and left his body in vehicle at Vijayapura District Hospital. Based on same, Crime no.112/2024 was registered for offences under Section 140 (1), 103 (1) read with Section 3 (1) of BNS arraigning Shambulinga as accused no.1 and two unknown persons.

5. It was submitted, complaint allegations were mainly against accused no.1 and without any overt acts or description of two others. Therefore, petitioner was falsely implicated. It was submitted, petitioner was arrested on 04.08.2024 and after completion of investigation, charge-sheet was filed on 20.10.2024. It was submitted, there were no overt acts exclusively about petitioner except about participating along with others. It was submitted, even statement of CW-16 recorded on 04.08.2024, reference to petitioner were as part of group. It was further submitted, there were several inconsistencies between statements of CW-16 and complaint. It was further submitted, accused no.1 was enlarged on bail by order dated 23.12.2024 in Crl.Misc.no.10089/2024 passed by XI Additional District and Sessions Judge, Belagavi, sitting at Athani, on medical grounds. On above grounds, sought for grant of bail.

6. On other hand, Smt.Girija S. Hiremath, learned HCGP opposed petition. At outset, it was submitted offences alleged against accused were kidnap, murder, attempt to destroy evidence etc., which were heinous in nature. It was submitted, during course of investigation prosecution had recorded statements of 50 witnesses amongst whom CWs-16, 23 and 24 were last seen witnesses and that in their statements recorded under Section 180 of BNSS , CWs-23 and 24 had supported prosecution ca