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Judgment
This petition is filed under Section 482 of B.N.S.S, 2023 seeking Anticipatory bail in C.C.No.1085/2025 arising out of Crime No.64/2025 registered by Kushtagi Police Station, for the offences punishable under Sections 115(2), 351, 352, 76 and 85 of Bharatiya Nyaya Sanhita, pending on the file of learned Prl. Civil Judge and JMFC, Kushtagi.
Heard learned counsel appearing for the petitioners and learned HCGP appearing for respondent-State.
The brief facts of the prosecution case in the nutshell is as under:-
Petitioner No.1 is the husband and petitioner No.2 is the brother-in-law of the victim. The defacto complainant is the mother of the victim. She has made allegations that soon after marriage of petitioner No.1 with the victim, petitioner No.1 started harassing the victim both mentally and physically under the influence of alcohol. Out of the wedlock of petitioner No.1 and the victim, two female children are born. Being unable to withstand the ill-treatment given by the petitioners, the victim came to her parental home. On 04.03.2025 at 8.00 p.m., the petitioners went to the house of the defacto complainant under the influence of alcohol, picked up quarrel with the victim and also made criminal intimidation to eliminate her and the complainant with dire consequences. Hence, the first informant lodged the complaint and the case has been registered, which was investigated by the Investigating Officer and he filed the charge sheet for the offences punishable under Sections 115(2), 351, 352, 76 and 85 of Bharatiya Nyaya Sanhita. Apprehending arrest at the hands of the respondent police, the petitioners have filed this petition seeking anticipatory bail.
Learned counsel for the petitioners contends that the defacto complainant has lodged false case against them, they are not involved in the alleged offences and they are law abiding citizens, the alleged offences are not punishable with death or imprisonment for life and they are ready to cooperate with the investigating agency, they have permanent abode in the locality and hence, learned counsel prayed for grant anticipatory bail to the petitioners.
Per-contra, learned HCGP for respondent State contended that the petitioners are involved in heinous offences punishable under Section 76 of Bharatiya Nyaya Sanhita, which is triable by the Court of Sessions and if they are released on bail, they may tamper with the prosecution witnesses and they may abscond. Hence, he prayed for rejection of anticipatory bail to the petitioners.
Perused the material available on record.
The charge sheet material demonstrates that petitioner No.1 and victim are husband and wife respectively. Their marriage was solemnized nine years ago and they have two female children. On 04.03.2025, at 8.00 p.m., accused Nos.1 and 2 under the influence of alcohol visited the house of first informant, took quarrel with her and victim and they abused her in filthy language and also voluntarily caused hurt to both first informant and the victim, criminally intimidated to eliminate the first informant and the victim-her daughter.
A perusal of column No.17 of the charge sheet, it transpires that the allegations made therein are general and omnibus in nature. Further, the alleged offences are not punishable with death or imprisonment for life. Considering the nature of allegations and the fact that the petitioners are permanent residents of Gajendragad, they are entitled for anticipatory bail.
Accordingly, I proceed to pass the following:
O R D E R
Criminal petition is allowed. The respondent-Police Station are directed to release the petitioners/accused Nos.1 and 2 on bail in the event of their arrest in connection with C.C.No.1085/2025(Crime No.64/2025) on the file of learned Prl. Civil Judge and JMFC, Kushtagi, registered for the offences punishable under Sections 115(2), 351, 352, 76 and 85 of Bharatiya Nyaya Sanhita, subject to the following conditions:
The petitioners shall execute a personal bond in a sum of Rs.1,00,000/- each (Rupees one lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer/Station House Officer;
The petitioners shall surrender themselves before the Investigating Officer/Station House Officer within fifteen days from the date of receipt of a certified copy of this order;
The petitioners shall appear before the Jurisdictional Court on all date of hearing without fail;
The petitioners shall not tamper with the prosecution witnesses directly or indirectly;
The petitioners shall mark their attendance before Investigating Officer/Station House Officer on the first Sunday of every month between 10.00 a.m. and 5.00 p.m. for a period of six months or till filing of charge-sheet, whichever is earlier, and
The petitioners shall not indulge in any similar offences.
If any of the above conditions are violated, the prosecution is at liberty to move the Court for cancellation of bail.