JAGADEESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos.1 and 3 under Sec. 483 of BNSS, praying to grant bail in S.C.No.105/2025 (Crime No.415/2025 of Bharamasagara Police Station) registered for offences punishable under Ss. 191(2), 191(3), 190, 352, 351(2), 351(3), 103(1), 117(2), 109(1), 115(2), 118(2), 189(2), 189(4), 329(4) of BNS.

(2.) Heard learned Senior Counsel for petitioner and learned HCGP for respondent/State.

(3.) Learned Senior counsel for petitioners would contend that FIR has been registered on the complaint of father of the deceased and there are omnibus allegations and on the said basis case has been registered against 19 persons. Out of those 19 persons, 5 are left out in the charge sheet and charge sheet is filed against accused Nos.1 to 15 and one person has been added while filing the charge sheet. Even though CW.1 is stated to be eye witness, he has not stated the specific overt acts in his complaint but subsequently, he has stated the overt acts of the accused persons in his further statement which came to be recorded on 14/2/2025 after lapse of 2 1/2 months. In the complaint, there is an allegation against one Kallesh of assault with a stone on the chest. But he has been given up in the charge sheet. Based on the further statement of the complainant, accused Nos.2, 6, 9, 13 have been granted bail. There is overt act alleged against accused No.2 of assault with a size stone on the head of the deceased and she has been granted bail and therefore, the petitioners are also entitled for grant of bail on the ground of parity. The Doctor who conducted PM examination has opined that death is as a result of head injury sustained. There are no criminal antecedents of the petitioners. The deceased was in the habit of abducting the girls and subsequently, cheating them and he has been convicted in a case wherein a girl who is stated to have been cheated by this deceased has committed suicide i.e. in S.C.No.41/2020. The deceased was aged 40 years as on the date of incident and CW.17 daughter of accused Nos.1 and 2 was aged 19 years. On these grounds, he prayed to allow the petition.