Karnataka High Court
Rahul S/O Sangappa Chima vs The State Of Karnataka on 31 December, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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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 YEARS,
OCC: LABOUR,
R/O: RAIPALLI,
TQ: AND DIST: BIDAR-585401.
...PETITIONER
(BY SRI. JAIRAJ K. BUKKA, ADVOCATE)
AND:
Digitally signed by THE STATE OF KARNATAKA
RENUKA BY ITS POLICE CHINTAKI,
Location: HIGH
COURT OF TQ: AURAD, DIST: BIDAR,
KARNATAKA REP. 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
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CRL.P No. 201574 of 2024
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
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
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CRL.P No. 201574 of 2024proceeded 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
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CRL.P No. 201574 of 2024
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
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CRL.P No. 201574 of 2024
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
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CRL.P No. 201574 of 2024Circle, Bidar District, in the event of his arrest subject to
following conditions:
i. The petitioner shall voluntarily appear before
the Investigating Officer within a period of 15
days from today and shall execute a personal
bond 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;
ii. The petitioner shall co-operate with the police
for investigation.
iii. The petitioner shall not threaten the
complainant and other prosecution witnesses.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGERSP/VNR
List No.: 1 Sl No.: 3
CT-SW