Karnataka High Court: While deliberating over the status of proceedings in the notorious Belagavi stripping incident that occurred in December 2023, the Bengaluru and Dharwad Benches of the High Court directed the completion of trial within one year and granted bail to the 11 accused persons respectively.
The Division Bench of N.V Anjaria, CJ* and Krishna S. Dixit, J., at Bengaluru took note of the measures that have been taken to ensure the security of the victim and the compensation granted to her and issued directions expeditious completion of trial. Whereas the single Judge Bench of S. Vishwajith Shetty, J.*, at Dharwad Bench granted conditional bail to the 11 accused persons in case registered by Kakati Police Station, Belagavi City, for the offences punishable under Sections 109, 114, 117, 143, 147, 148, 307, 323, 324, 326, 341, 342, 353, 354, 354(B), 355, 392, 427, 452, 504, 506, 149, 34 and 37 of Penal Code, 1860 (IPC) and Section 2(A) of the Prevention of Destruction and Loss of Property Act, 1981.
Background: The proceedings in the Belagavi stripping incident were initiated suo motu by the Court on the basis of the news article published in Deccan Herald, The Hindu and other national and local newspapers December 2023 highlighting the incident wherein a woman was assaulted, paraded naked after her son eloped with girl.
FIR in the matter was registered by Kakati Police Station, Belagavi City under afore-stated provisions.
The Court had expressed its shock and disgust that such a barbaric incident occurred in a civilised society and had directed the State of Karnataka, the State’s Women and Child Welfare Department and Director General of Police to furnish report in the matter and take necessary steps especially to protect the privacy and identity of the victim. The Court had also directed the Advocate-General to submit status reports in the matter.
In the meantime, 11 persons who were charged as accused applied for bail before the Trial Court which was rejected and therefore, they approached the Dharwad Bench seeking bail in the matter.
Assessment and Decision by the Bengaluru Bench: The Division Bench at Bengaluru took note of the submissions by the Advocate General wherein it was stated that the victim has been allotted two acres of land and has been given compensation to the tune ofRs.5,00,000. Furthermore, it was stated that the victim and her family members have been staying with mental peace and security.
Considering the aforesaid measures taken by the authorities, the Court observed that since the victim is duly compensated, hence the purpose of initiating the suo motu proceedings has been served. Therefore, there is no reason to continue with the instant suo motu proceedings.
However, the Court issued direction for speedy disposal of the trial and ordered the concerned authorities to ensure and ascertain the status welfare of the victim and her family every two months and submit a report on the same after every visit.
Assessment and Decision by the Dharwad Bench: Meanwhile the single Judge Bench while perusing the bail application of accused persons and allegations against them, noted that accused had no motive or ill will against the victim. It was only after the daughter of accused No.1 had eloped with the son of the victim; the alleged incident took place. It was noted that investigation in the case is complete and charge sheet has already been filed. It was noted that the accused persons are mostly agriculturists with no prior history of criminal activities.
The Court thus granted bail to the accused persons directing them not to tamper with witnesses and evidence; appear regularly on all the dates of hearing before the Trial Court unless directed otherwise and not involve in similar offences in future.
[High Court Karnataka v. State of Karnataka, WP No. 29727 of 2023, decided on 15-04-2024]
[Raju v. State of Karnataka, Crl. P 101015 of 2024, decided on 15-04-2024]
*Judgments by Justice NV Anjaria, Chief Justice Karnataka High Court and Justice S. Vishwajith Shetty
Advocates who appeared in this case :
SHASHI KIRAN SHETTY ADV. GENERAL A/W PRATHIMA HONNAPURA, ADDL. ADV. GENERAL A/W NILOUFER AKBAR, AGA FOR RESPONDENT NOS. 1 TO 4 in WP No. 29727 of 2023
RAVIRAJ C PATIL, ADV. For the petitioner and JAIRAM SIDDI, HCGP for the respondent in Crl. P. 101015 of 2024
Buy Penal Code, 1860 HERE
