Karnataka High Court Grants Bail To Eleven Persons Accused In Belagavi Stripping Incident

A single judge bench of Justice S Vishwajith Shetty sitting at Dharwad bench allowed the petition filed by Raju Naik and others, stating:

“From a perusal of the allegations found in the first information as well as in the charge sheet, it appears that the accused had no motive or ill will against the victim. It is only after the daughter of accused No.1 had eloped with the son of the victim, the alleged incident had taken place. Investigation in the case is complete and a charge sheet has already been filed.”

“Petitioners are basically agriculturists by avocation. Petitioner Nos.3, 4, 6, 8 and 9 are ladies. Petitioner No.7 is aged about 19 years and is said to be a student. Petitioners do not have any criminal background. Under the circumstances, I am of the opinion that the prayer made by petitioners for grant of regular bail is required to be answered in the affirmative,” the Court added.

The Police had registered an FIR on 11-12-2023, after investigation the police filed its charge sheet before the competent court. The petitioners argued that they were all villagers who are basically agriculturists by avocation. It was stated that the incident in question had taken place on 11.12.2023 after the daughter of accused No.1 was found missing. It was stated that the complainant's son had left the village along with the daughter of accused No.1.

It was argued that in this background, there was a fight between the two parties. Parties had no ill will against each other earlier.

Moreover, it was stated that the investigation in the case is complete and a chargesheet has been filed. The victim has not suffered any grievous injuries on her body, it was stated.

The prosecution opposed the plea saying the accused persons have committed a heinous crime. The victim was tied and she was disrobed and thereafter, she was assaulted. No leniency can be shown against petitioners having regard to the nature of allegations.

The bench on going through the records noted that the allegation is made against the accused that they assaulted the victim who is the first informant in the present case with wooden clubs which they were holding. It noted that the medical records of the victim revealed that she had not suffered any grievous injuries as a result of the assault made by the accused persons.

Further it said “It is also alleged that the victim was dragged out from her house and she was tied to an electricity pole and she was completely disrobed and thereafter, accused had assaulted her. The allegation of disrobing the victim after she was tied to an electricity pole is only against accused Nos.8, 11 and 12, who are ladies. There is no allegation against any other accused about disrobing the victim. Accused No.8 has been granted regular bail by this Court.”

Considering that petitioners have been in custody for the last more than four months, the court allowed the petition and directed their release upon them executing a personal bond for Rs.1,00,000 each with two sureties.

It directed that the petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons and petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses.

Recently a division bench of the High Court while disposing of the suo-motu petition directed that the trial against the accused persons shall be completed by the competent Court where it is pending, expeditiously within an outer limit of one year.

Further to ensure the well-being of the victim, the Court has directed the Welfare Officer of the Women and Child Welfare Department to visit the victim every two months. 

Appearance: Advocate Raviraj C Patil for Petitioners.

HCGP Jairam Siddi for Respondent.

Citation No: 2024 LiveLaw (Kar) 193

Case Title: Raju Naik & Others AND State of Karnataka

Case No: CRIMINAL PETITION NO. 101015 OF 2024