CHANDRAVVA MAYAPPA PUJERI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS' for short), as accused no.4 and 5 (petitioners) are apprehending eminent arrest for non-bailable offences in view of registration of Crime no.115/2024 by Jamakhandi Town Police Station for offences punishable under Ss. 189(2), 191(2), 191(3), 115(2), 109, 352 and 190 of Bharatiya Nyaya Sanhita, 2023 ('BNS' for short).

(2.) Sri Abhinandan M.Gundawade, learned counsel for petitioners submitted that petitioners were permanent residents of Halalli village, Athani taluk having movable and immovable properties, without any criminal antecedents, but were apprehending arrest on a false and frivolous complaint filed belatedly by Basavaraj Kanagond on 19/12/2024 in respect of an alleged incident dtd. 13/12/2024. It was submitted, complainant claimed to have conducted 'Sting Operation' against accused no.1 for illegal transportation of rice meant for distribution to beneficiaries under Public Distribution Scheme (PDS). It was submitted, despite complainant being a journalist, explanation for delay was that he being a respectable citizen would loose his standing in eye of society and attract risk to his family members, etc., would be too far fetched and unacceptable. It was submitted, as per complaint, assault occurred at a shed and not complainant's residence. He had not disclosed his location to lady who had called him, half an hour prior to incident. Therefore, occurrence of incident as alleged would also be doubtful.

(3.) It was further submitted, only overt acts insofar as petitioners were assault with hands, without any corresponding injuries in Wound Certificate. It is submitted, nature of injuries were simple and not caused with any deadly weapon. Therefore, registration of complaint for offence under Sec. 109(1) of BNS was totally unjustified. It was further submitted, petitioner no.1 was a woman and permanent resident of Athani taluk, whereas, victim was a resident of Jamakhandi more than 30 kilometers away. Even failure on part of complainant"s/victim's friend who was at scene to file complaint cast entire incident in doubt. It was thus established, petitioners were being arraigned to spoil their reputation. On above grounds, sought for grant of anticipatory bail.