The High Court of Karnataka adjudicated a criminal reference for bail under Section 439 Cr.P.C. in a murder case. The Court dismissed the petition due to prima facie evidence and the risk of interference with the trial.
Bail to the petitioner is rejected as it is not a fit case for release on bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.P 7348/14
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER, 2014
BEFORE
THE HON’BLE MR. JUSTICE A.S. PACHHAPURE CRIMINAL PETITION No.7348 OF 2014
BETWEEN:
SRI K MOHAN S/O KRISHNAPPA AGED ABOUT 29 YEARS R/AT IGGALURU VILLAGE ATTIBELE HOBLI ANEKAL TALUK BANGALORE DISTRICT-563 107.
... PETITIONER
(BY SRI: LEELADHAR H P, ADV)
AND:
STATE OF KARNATAKA BY HEBBAGODI POLICE STATION ANEKAL TALUK BANGALORE DISTRICT REP BY S P P HIGH COURT OF KARNATAKA BANGALORE – 560 001.
... RESPONDENT
(BY SRI: B VISWESWARAIAH, HCGP)
Crl.P 7348/14
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THIS CRL.P. IS FILED U/SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.103/2014 OF HEBBAGODI P.S., BANGALORE(R) DISTRICT, FOR THE OFFENCE P/U/S 302 R/W 34 OF IPC.
THIS CRL.P. COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:
O R D E R
The petitioner has approached this Court
for bail for having been arrested and chargesheeted for the offence punishable under Section 302 read with Section 34 IPC.
Crl.P 7348/14
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room. The Manager of the lodge submitted a complaint against the unknown persons. In the course of investigation, petitioner has been arrested.
the parties.
submits that there is no material against the petitioner for the offence under Section 302 IPC. He submits that there is no identification
parade, there is inconsistency in the statement of witnesses as regards the date of seizure and
the petitioner having been taken to the room and that the presence of petitioner can be secured for the purpose of trial as the investigation is complete. He submits that it is the liberty of petitioner which is important and it has to be taken into consideration and when his presence
can be secured, there is no difficulty in concluding the trial as the petitioner is
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willing to attend the trial on all the times. On
these grounds, he has sought for grant of bail.
5. On the other hand, learned High Court
Government Pleader submits that there is a prima facie material against the petitioner for the offence under Section 302 IPC and the test identification parade is unnecessary. He submits that the death of Harish is homicidal and there are witnesses to speak about the incident.
6. Perusal of the material placed on
record reveals that the staff of lodge has been examined. CW1 is the Manager and CWs.11 to 14 are the other staffs of the lodge and the statement were recorded at the initial stage. After arrest of the petitioner, additional statements were recorded and all these witnesses i.e., CWs1 and 11 to 14 have spoken the circumstance that the petitioner had accompanied the deceased on the date when they took room in
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the lodge. Prima facie, it is seen that the dead body of Harish was found in the room of the lodge.
as to whether there is test identification parade is necessary is a matter which has to be taken into consideration at the stage of trial as the deceased and the petitioner were said to be in the room the witnesses had the opportunity to see them. There are many chances for CW1 and CWs.11 to 14 to see the deceased and also the petitioner in the day time as well. In such circumstances, prima facie at this stage, it cannot be said that test identification parade is necessary. It is the petitioner who has
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found with the deceased in the lodge as stated by CW1 and CWs.11 to 14.
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Consequently, the request of the petitioner
is rejected.
Sd/JUDGE
*bgn/-
3 issues framed by the court
Whether bail should be granted to the petitioner charged with murder under Section 302 IPC.
Whether the prima facie material and motive to defeat the trial purpose preclude the grant of bail.
Whether a test identification parade is necessary at the bail stage given the circumstances.
2 provisions across 2 enactments
Sri K Mohan
State of Karnataka
A.S. Pachhapure
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
