Case Note & Summary
The petitioner, Arbaz Khan @ Arbaj S/o Sardar Khan, filed a criminal petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), corresponding to Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No. 0226/2024 registered at Gangavathi Rural Police Station, Koppal District. The offences alleged include Sections 132, 109(1), 121(1), 115(1), 352, 351(2), 238 read with Sections 3(5), 281, 125, 125(A) of the BNS, 2023, and Sections 183, 184, 192, 196, and 177 of the IMV Act. The petitioner was accused No.1. The High Court of Karnataka at Dharwad Bench, presided by Justice V. Srishananda, heard the counsel for the petitioner, Sri Sadiq N. Goodwala, and the High Court Government Pleader for the respondent-State, Smt. Girija S. Hiremath. The court observed that custodial investigation of the petitioner was not required, no recovery was to be made from him, and there was no likelihood of tampering with evidence. Consequently, the court allowed the petition and granted bail to the petitioner on certain conditions, including executing a personal bond and furnishing sureties, appearing before the court as required, and not tampering with evidence or threatening witnesses.
Headnote
A) Criminal Procedure - Bail - Section 483 BNSS (Section 439 CrPC) - Grant of Bail - Petitioner/accused No.1 sought bail in Crime No. 0226/2024 for offences under BNS and IMV Act - Court considered that custodial investigation is not required, no recovery is to be made from petitioner, and no tampering of evidence is likely - Held that petitioner is entitled to bail subject to conditions (Paras 1-4).
Issue of Consideration
Whether the petitioner/accused No.1 is entitled to bail under Section 483 of BNSS, 2023 (corresponding to Section 439 CrPC) in Crime No. 0226/2024 for offences under BNS and IMV Act.
Final Decision
Petition allowed. Petitioner/accused No.1 shall be released on bail in Crime No. 0226/2024 of Gangavathi Rural Police Station, subject to executing a personal bond for Rs. 1,00,000/- with one surety for the likesum, and on conditions including appearing before the court as required, not tampering with evidence, and not threatening witnesses.
Law Points
- Bail
- Section 483 BNSS
- Section 439 CrPC
- custodial investigation
- prima facie case
- recovery
- tampering of evidence
