Allowed

Muniraju @ Munna v. State of Karnataka

Karnataka HC16 Dec 2014CRL.P/7398/2014

Case brief

AI extract

What is this about?

Petitioner, arrested in connection with murder and other offences, filed a criminal petition for regular bail. The court allowed the bail application after observing that the petitioner's name was absent from the initial complaint listing assailants, deeming it a fit case for bail.

What did the court decide?

Petitioner released on bail on a personal bond of Rs.1,00,000 with one surety and undertakings.

Muniraju @ Munna Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2014)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF DECEMBER 2014

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BEFORE

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THE HON'BLE MR. JUSTICE A.S.PACHHAPURE

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CRIMINAL PETITION NO.7398/2014

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BETWEEN:

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MUNIRAJU @ MUNNA S/O SURESH, AGED ABOUT 26 YEARS R/AT NO.01, 11TH CROSS, GAVIPURAM, GUTTAHALLI, BANGALORE-560 019.

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... PETITIONER

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(By Sri: MANU B S, ADV.)

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AND:

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STATE OF KARNATAKA BY GIRINAGAR POLICE BANGALORE CITY, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001.

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... RESPONDENT

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(By Sri: B. VISWESWARIAH, HCGP)

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CRL.P FILED U/S.439 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE PETR. ON BAIL IN CRIME NO.182/13 OF GIRINAGAR P.S., BANGALORE CITY AND IN S.C.NO.1187/14 ON THE FILE OF THE P.O.,

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FTC-I, BANGALORE CITY, FOR THE OFFENCES P/U/S 341, 504, 114, 307, 302 R/W 34 OF IPC.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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The petitioner has approached this Court

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grant of regular bail for having been arrested and chargesheeted for the offences punishable under Section 143, 144, 147, 148, 341, 504, 307 read with 149 of IPC.

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On perusal of the complaint, it reveals that accused Nos.1 to 8 formed an unlawful assembly with a common object to commit murder of Vinay and they assaulted him with iron rod, knife etc. The injured Vinay sustained grievous injuries and he died on the way to the hospital. Hence, complaint was registered and during the course of the investigation, petitioner was arrested.

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Learned High Court Government Pleader

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has opposed the bail application.

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parties.

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Perusal of averment in the complaint does not reveal the name of the petitioner as one of the persons amongst the persons who assaulted the deceased. There is no reference of his name in the complaint at all. In the course of recording statements of other witnesses later, it is seen that the petitioner was said to be present at the place of the incident. Taking into consideration the material placed on record and the possibility to secure his presence for the trial, I am of the opinion that it is a fit case where bail has to be granted.

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Consequently, the petition is allowed. Petitioner is ordered to be released on bail on his executing a personal bond for a sum of

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Rs.1,00,000.- with one surety for the likesum to the satisfaction of Court below, with further following conditions:

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a) Petitioner shall attend the court on all the dates of hearing without fail.

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b) He 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 from disclosing such facts to the Court or to any police officer.

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c) He shall not involve in any such criminal activities.

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d) If he violates any of the conditions, the prosecution is at liberty to seek for cancellation of bail.

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Sd/JUDGE

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Muniraju @ Munna v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Muniraju @ Munna v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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