Case Note & Summary
The petitioner, Devibai W/o Channappa Chinnarathod, is the mother of the deceased in Crime No.33/2025 registered by Gogi Police Station, Shahapur Rural Circle, District Yadgir, for offences including murder. The respondent No.2, Sunil S/o Topu Rathod, is accused No.1 in the case. The District and Sessions Judge, Yadgir, by order dated 03.05.2025, granted bail to accused No.1. The petitioner filed this petition under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking cancellation of that bail on the ground that the victim's family was not notified of the bail application, as required under Section 483(3) BNSS. The High Court heard the counsel for the petitioner, the High Court Government Pleader for the State, and the counsel for the accused. The court noted that the bail order was passed without issuing notice to the victim's family, which is a mandatory requirement under Section 483(3) BNSS. The court held that the Sessions Court failed to comply with the statutory mandate, and therefore, the bail order was liable to be set aside. The petition was allowed, the bail order dated 03.05.2025 was cancelled, and the accused was directed to surrender before the trial court forthwith. The court also directed the respondent No.1-police to take custody of the accused.
Headnote
A) Criminal Procedure - Cancellation of Bail - Notice to Victim - Section 483(3) BNSS, 2023 - The petitioner, mother of the deceased, sought cancellation of bail granted to accused No.1 by the District and Sessions Judge, Yadgir, on the ground that no notice was given to the victim's family before granting bail. The High Court held that the Sessions Court failed to comply with the mandatory requirement of Section 483(3) BNSS, which mandates notice to the victim or his/her legal heirs before granting bail in certain cases. Consequently, the bail order was set aside and the accused was directed to surrender. (Paras 3-5) B) Criminal Procedure - Cancellation of Bail - Non-Compliance with Statutory Requirement - Section 483(3) BNSS, 2023 - The court observed that the bail order dated 03.05.2025 was passed without issuing notice to the victim's family, which is a clear violation of the statutory mandate. The High Court allowed the petition, cancelled the bail, and directed the accused to be taken into custody. (Paras 4-5)
Issue of Consideration
Whether the bail granted to the accused by the Sessions Court is liable to be cancelled on the ground that the victim's family was not notified of the bail application, as required under Section 483(3) of BNSS, 2023.
Final Decision
The petition is allowed. The impugned order dated 03.05.2025 passed by the learned District and Sessions Judge, Yadgir, granting bail to accused No.1/respondent No.2 is cancelled. The accused is directed to surrender before the trial court forthwith. The respondent No.1-police is directed to take custody of the accused.
Law Points
- Cancellation of bail
- Notice to victim
- Section 483(3) BNSS
- Section 439(2) CrPC
- Right of victim to be heard
- Bail conditions
