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2024 Supreme(Online)(KAR) 40446
HIGH COURT OF KARNATAKA
SHIVASHANKAR AMARANNAVAR, J
RAHUL S/O SANGAPPA CHIMA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO.201574 OF 2024 | 438(Cr.PC)/482(BNSS)
For the Appellants/Petitioners: SRI. JAIRAJ K. BUKKA
For the Respondents: SRI. SHESHADRI JAISHANKAR
The court determined that anticipatory bail can be granted under Section 438 of the Code of Criminal Procedure when offenses are not punishable by death or life imprisonment.
Headnote:This petition is filed under Section 438 of the Code of Criminal Procedure and Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail for offenses punishable under Sections 329(3) and 74 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges attempted offense leading to a complaint filed against the petitioner. The Court found that the offenses are not punishable with death or life imprisonment, and the petitioner is willing to cooperate with the investigation, justifying the grant of anticipatory bail. The Court framed the issue regarding the prima facie case against the petitioner and determined that stringent conditions could mitigate threats to the complainant if bail is granted. The petition is allowed, and the petitioner is ordered to be released on bail with specific conditions regarding cooperation and no threat to witnesses.
| Table of Content |
|---|
| 1. anticipatory bail application based on allegations. (Para 1 , 2) |
| 2. court's reasoning on granting bail conditions. (Para 3 , 6) |
| 3. arguments regarding threats and investigation. (Para 4 , 5) |
| 4. final ruling allowing anticipatory bail with conditions. (Para 7) |
ORAL ORDER
(PER: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)
This petition is filed by the sole accused under Section 438 of Code of Criminal Procedure /482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, ‘the BNSS ’) seeking anticipatory bail in Crime No.67/2024 of Chintaki Police Station, Aurad circle, District Bidar registered for the offences punishable under Sections 329 (3) and 74 of the Bhartiya Nyaya Sanhita , 2023 (for short, ‘the BNS’).
2. The case of the prosecution is that:
On 16.11.2024 at 01-00 p.m., when first informant was sleeping on the cot in front of her house in their land, the petitioner came there under the pretext of enquiring about a person, sat on the cot and the first informant was taken by surprise and stood up. Then, the petitioner proceeded towards her and held her hand and hugged her. The first informant screamed and thereafter, the petitioner left her. The first informant took a stone in her hand to safeguard herself and the petitioner left the spot on his motorcycle. The complaint filed by the first informant came to be registered in Chintaki Police Station in Crime No.67/2024 for the offences punishable under Sections 329(3) and 74 of the BNS. The petitioner apprehending his arrest, has approached the Sessions Court and his petition came to be rejected. The petitioner is therefore before this Court seeking grant of anticipatory bail.
3. Heard learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State.
4. Learned counsel for the petitioner would contend that offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner is ready to cooperate with the police for investigation. There is a boundary dispute between the sister of the petitioner and complainant and therefore, a false case came to be lodged against this petitioner. On these grounds, he prays for allowing the petition.
5. Per contra, learned Additional Government Advocate would contend that there is a prima facie case against the petitioner and there is an eyewitness by name Rahul S/o Balappa, who is a relative of the complainant. The presence of the petitioner is required for custodial interrogation and recovery of motorcycle used by the petitioner. If the petitioner is granted anticipatory bail, he will threaten the complainant and other prosecution witnesses and hamper the investigation. With these grounds, he prays for rejecting the petition.
6. Having heard the learned counsel for the petitioner and the learned Additional Government Advocate and having perused the FIR, complaint and other materials placed on record, it is evident that the offence alleged against the petitioner is under Section 74 of BNS and the punishment provided for the same is imprisonment for one year which may extend to five years. The other offence alleged against the petitioner is under Section 329 (3) of BNS 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 petitioner are not punishable either with death or imprisonment for life. The petitioner has undertaken to cooperate with the police in the investigation. The apprehension of the prosecution that if the petitioner is granted anticipatory bail, he will threaten the complainant and hamper the investigation could be met with by imposing stringent conditions. Hence, the petitioner has made out a ground to grant anticipatory bail.
7. In the result, the following:
ORDER
The petition is allowed.
The petitioner/accused is ordered to be released on bail in Crime No.67/2024 of Chintaki Police Station, Aurad Circle, Bidar District, in the even
