SOUMYA Vs. RATNAKUMARI

JUDGEMENT

(1.) Criminal petition No.3643/2025 is filed by accused No.2, Criminal petition No.2810/2025 is filed by accused Nos.1 and 4, Criminal petition No.3827/2025 is filed by accused No.3 and Criminal petition No.7469/2025 is filed by accused No.6. All four petitions are filed under Sec. 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in S.C.No.1528/2025 (arising out of Crime No.440/2024 of Chandra Layout Police Station) registered for offences punishable under Ss. 61(2), 140(2), 115(2), 118, 70(1), 74, 238, 127(3), 319(2), 352, 351(2), 308(2), 329(4) read with Sec. 190 of Bharatiya Nyaya Sanhita, 2023, pending on the file of LIII Additional City Civil and Sessions Judge, Bengaluru.

(2.) Heard learned counsel for petitioners and learned Additional State Public Prosecutor for respondent - State.

(3.) Learned counsel for petitioners would contend that, accused Nos.7 to 13 have been granted bail by this Court. The charge sheet has been filed and the petitioners are in custody since 18/8/2024 and therefore, they are not required for custodial interrogation. The statements of witnesses have been recorded under Sec. 183 of BNSS. In the wound certificate, there is mention that, victim was taken to hospital by the Police. But in her statement, she has stated that, on her own she went to the hospital. C.W.2 and C.W.3 in their statement under Sec. 183 of BNSS have stated that, they have been assaulted, but there is no wound certificate of them. C.W.2 has stated that, he has filed complaint on 15/8/2024 and C.W.4 on 14/8/2024. But no such complaints are forthcoming. The petitioners are in custody since one year three months and the charge sheet contains eight four (84) witnesses. There is no evidence for offence under Sec. 70(1) of BNS. There is a personal vengeance of the complainant and Police against the petitioners and therefore, a false case has been foisted against them. With these, he prayed to allow the petitions.