NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned petition is filed by accused No.7 under Sec. 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail in connection with Crime No.80/2025 registered by Nidagundi Police Station, Vijayapura District, pending on the file of Additional Civil Judge and JMFC Court, Basavana Bagewadi, for the offences punishable under Ss. 109, 115(2), 118(1), 118(2), 126(2), 103(1) read with Sec. 3(5) of Bharatiya Nyaya Sanhita, 2023.

(2.) Initially, the complaint came to be registered against accused Nos.1 to 4. Subsequently, upon the death of Sharif, Sec. 103 of the Bharatiya Nyaya Sanhita, 2023 came to be invoked. During the course of investigation, accused Nos.5 to 7, who were not named in the FIR, were apprehended on 20/7/2025. After completion of investigation, the Investigating Agency has dropped accused Nos.1 to 4 from the charge-sheet and has filed the charge-sheet only against accused Nos.5 to 7.

(3.) Learned counsel for the petitioner, reiterating the grounds urged in the petition, would submit that the petitioner is a young student aged about 21 years, pursuing his final year B.A. course, and his continued incarceration has seriously affected his education. It is further contended that there is an unexplained delay of four days in lodging the complaint, which casts a doubt on the very genesis of the prosecution case. Learned counsel would further submit that even as per the remand application, the allegation of chasing and assaulting the injured and the deceased is attributed only to accused Nos.5 and 6, and no specific overt-act of assault is attributed to the present petitioner/accused No.7. It is lastly contended that the investigation is complete and the charge-sheet has been filed and therefore, continued detention of the petitioner is unwarranted.