Shivanand vs The State Of Karnataka

This petition is filed by the petitioner/accused No.6 under Section 439 of the Code of Criminal Procedure Code, 1973, seeking to enlarge him on bail in Sessions Case No.5012 of 2025 in connection with Crime No.31/2023 of Harugeri Police Station, pending on the file of the learned Addl. Civil Judge and JMFC Court, Raibag, Belagavi, registered for the offences punishable under Sections 143, 147, 148, 120B, 363, 364, 302 and 201 read with Section 149 of the Indian Penal Code, 1860.

The brief facts of the prosecution case are that, the complainant lodges a complaint stating that, he was kidnapped and confined by the petitioner and others. During his stay as a detenue, he was told that, his son Balappa was killed by the petitioner and others and also he was further informed that, the dead body of his son was thrown into the Ghat and causing disappearance of the said dead body.

Based on the said complaint, the respondent-Police registered a case and after conducting the investigation, submitted the charge-sheet. In turn, he remanded to the judicial custody. Hence, this petition.

Heard Sri Sirajuddin Ahmed, learned counsel for the petitioner/accused No.6, and Sri Jairam Siddi, learned High Court Government Pleader for the respondent-State.

The contention of the learned counsel for the petitioner is that, the allegations made against the petitioner is baseless and untenable for the reasons that, the complainant filed a complaint based on the statement made before him by the accused. Therefore, the dead body of the son of the complainant has not been traced. Such being the position, keeping the petitioner in judicial custody would not serve any purpose. Therefore, he may be enlarged on bail by imposing suitable conditions. Hence, the learned counsel for the petitioner prays to allow the petition.

Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that the petitioner and others had formed unlawful assembly and kidnapped the complainant by stating that his son had borrowed amount from the petitioner and it was not repaid. In the said context, the complainant was confined and ransom was demanded. As per the statement of the wife of the complainant, partial amount was paid as demanded by the petitioner. The act of the petitioner in committing the murder of son of the complainant would indicate the gravity and veracity of the case. Therefore, it is not appropriate to grant bail. If he released on bail he may tamper with the prosecution witness and hamper the investigation and he may commit similar offence. Hence, the learned High Court Government Pleader prays to reject the petition.

Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint and charge-sheet, it indicates that, the complainant lodged a complaint stating that his son was killed by the petitioner and others. However, as per the averments of the charge-sheet, the body was not traced and overt-act of the petitioner cannot be explained under the said circumstance.

It is well established principles of law that while granting bail, the Court has to consider the nature of the offence, circumstances in which the offence is committed, the position and status of the petitioners with reference to the victim and witnesses, likelihood of fleeing away from justice, of repeating same offences by the petitioners, of tampering with the witnesses, character and antecedents of the petitioners. Further, the law is well settled that while disposing of the bail petition, the Court need not scan the prosecution papers and hold mini trial.

Keeping all these factors in mind, upon perusal of the entire material placed on record this court is of the considered view that, prima facie there are no reasonable and sufficient grounds to believe, at this stage, that the petitioners are guilty of the offences alleged against him. Therefore, the petitioners are entitled for regular bail.

Therefore, it is appropriate to grant bail by imposing suitable conditions.

Hence, I proceed to pass the following:

Criminal petition is allowed.

The trial Court is directed to release the petitioner/accused No.6 on bail in Sessions Case No.5012 of 2025 in connection with Crime No.31/2025 of Harugeri Police Station, pending on the file of the learned Addl. Civil Judge and JMFC Court, Raibag, Belagavi, registered for the offences punishable under Sections 143, 147, 148, 120B, 363, 364, 302 and 201 read with Section 149 of the Indian Penal Code, 1860, subject to the following conditions: