VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') (old Sec. 439 of Cr.P.C.) by the petitioners/accused Nos.3, 8, 13 and 24 seeking regular bail in Crime No.285/2024 of Devadurga P.S. for the offences punishable under Ss. 189(2), 191(2), 191(3), 115(2), 118(1), 109, 352 and 351(2) R/w Sec. 190 of BNSS Act.

(2.) Brief facts of the case are that, there was a complaint registered against the brother of the complainant by name Jeevalappa @ Jeeva on the ground that he has committed rape against daughter of Shankreppa. Jeevalappa @ Jeeva was arrested, sent to the jail and later he was released on bail. The father of the victim Shankreppa and his other family members after coming to know about release of Jeevalappa @ Jeeva. On 4/9/2024 at about 9.00 a.m. along with other accused persons formed into an unlawful assembly and assaulted Jeevalappa @ Jeeva and made an attempt to commit his murder. Hence, the law was set into motion against the accused persons and petitioners herein who are arrayed as accused Nos.3, 8, 13 and 24 in the FIR.

(3.) The petitioners have been arrested and subjected to judicial custody and they have approached the learned II Addl. Sessions Judge, Raichur seeking grant of regular by filing petition in Crl.Misc.No.546/2024 along with accused Nos.20 and 21. As per the order dtd. 25/9/2024, learned II Addl. Sessions Judge, Raichur rejected the regular bail to the petitioners herein but only granted bail to the accused Nos.20 and 21. Aggrieved by the rejection of bail, the petitioners are before this Court.