RFSL Officer Accused Of Issuing False Viscera Report In Murder Probe Denied Bail By Karnataka HC

In brief

The question

1. Whether the petitioner was entitled to regular bail under Section 483 of the BNSS, having regard to the alleged role and the material collected during the investigation.

The court held

The Court answered the bail question against the petitioner and dismissed the criminal petition.

It also directed

No bail was granted.

01Facts

The petitioner, Accused No. 7 and a Scientific Officer at RFSL, Belagavi, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a prosecution arising from the alleged murder of Sandeep Kallagouda Manjargi.

¶ 2

The prosecution alleged that, after the deceased’s death, the petitioner assisted other accused by issuing a false RFSL report stating that no poisonous substance was found in the viscera; a subsequent State RFSL report allegedly detected alcohol and poisonous substances.

¶ 3, 8–9

The petitioner maintained that his alleged role was limited to issuing the report, that the investigation was complete and a charge-sheet had been filed, and that he would comply with bail conditions.

¶ 5

The Sessions Court had dismissed his bail application, leading to this petition.

¶ 4

02Issues

i.1. Whether the petitioner was entitled to regular bail under Section 483 of the BNSS, having regard to the alleged role and the material collected during the investigation.

¶ 2, 5, 7–9

ii.2. Whether the allegation that the petitioner issued a false RFSL report and thereby assisted in destroying evidence warranted refusal of bail.

¶ 7–9

03Law Applied

The petition was considered under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponding to Section 439 of the Code of Criminal Procedure, 1973, which empowers the High Court to consider an application for regular bail.

¶ 2

The prosecution invoked Sections 103(1), 238(b) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

¶ 2–3

The Court cited no precedent or elaborated a separate bail test; its stated assessment focused on the prima facie material, the seriousness of the allegations and the petitioner’s alleged role in issuing a false report.

¶ 7–9

Provisions in the judgment · 6 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 439

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483 Section 183

Bharatiya Nyaya Sanhita, 2023 Section 103 Section 238 Section 3

04Reasoning

Although the petitioner relied on the completion of the investigation, filing of the charge-sheet and his limited alleged role, the Court considered the prosecution’s account that he examined the viscera and issued a report stating that no poison was present, while a later State RFSL report showed traces of alcohol and poisonous substances.

¶ 5, 8–9

The Court found prima facie involvement in the alleged procurement of a tampered report and observed that the report had diverted the nature and scope of the investigation.

¶ 7–9

Given the gravity of the allegations, it held that the petitioner was not entitled to bail at that stage.

¶ 7–9