Karanbir Singh v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 09.01.2025 KARANBIR SINGH

...Petitioner

Versus

STATE OF PUNJAB AND ANOTHER

...Respondent

CORAM:

HON'BLE MS. JUSTICE KIRTI SINGH Present:- Mr. Sidhant Virmani, Advocate for the petitioner. Mr. Randhir Singh Thind, DAG Punjab.

Ms. Gurpreet Kaur, Advocate for Mr. R.S.Sidhu, Advocate for complainant.

***** KIRTI SINGH , J. (Oral) 1.

Apprehending his arrest the petitioner has filed this petition under Section 482 of BNSS for grant of anticipatory bail in case bearing FIR No.66 dated 28.09.2024 under Sections 376 IPC and 6 of POCSO Act registered at Police Station Women, Police Commissionerate Amritsar. 2.

The following order was passed on 28.10.2024:- "Apprehending his arrest in FIR No. 66 dated 28.09.2024 registered for offences punishable under Section 376 IPC at Police Station Women Police Commissionerate Amritsar; the petitioner has preferred this petition under Section 482 of BNSS seeking pre-arrest bail.

Inter alia contends that there was consensual relationship between the victim/complainant for more than two years, the marriage proposal between the petitioner and the victim could not fructify due to supervening circumstances & the petitioner is willing to join investigation and cooperate therein.

Notice of motion.

On asking of the Court, Mr. Adhiraj Singh, AAG, Punjab appears and accepts notice on behalf of the respondent-State. Adjourned to 27.11.2024.

The petitioner is directed to appear before the Investigating Officer on 01.11.2024 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the

petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of BNSS, 2023."

3.

Learned State counsel on instructions from the investigating officer submits that in compliance of orders dated 28.10.2024 and 14.11.2024, the petitioner has joined the investigation and is not required for any further investigation.

4.

Having considered the aforesaid facts and circumstances, the petition is allowed. Orders dated 28.10.2024 and 14.11.2024 passed by this Court, is hereby made absolute.

5.

This order should not be treated as "blanket" order. It will not be read granting the petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 6.

This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner.

7.

The accused/petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any police officer.

8.

The accused/petitioner shall not leave India without prior permission of the Court.

9.

The accused/petitioner shall join the investigation as and when called by the police.

10.

It will be open to the police or the investigating agency to move to this Court for a direction under Section 483(3) of BNSS to arrest the accused, in the event of violation of any term, such as absconding, noncooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. Pending application(s), if any, also stands disposed of accordingly.

(KIRTI SINGH) 09.01.2025 JUDGE Kavita Whether speaking/reasoned Yes/No Whether reportable Yes/No