The High Court of Karnataka dismissed a bail application under Section 439 Cr.P.C. finding that the charge sheet revealed a strong prima facie case involving the intentional killing of the deceased with a knife, precluding the grant of bail.
Petition for bail dismissed. No order as to costs.
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.
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF MARCH 2016
BEFORE
THE HON’BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION No.200137/2016
Between:
Veeresh @ Veerya S/o Dattu Salare Age: 22 Years, Occ: Auto driver R/o Village Kottalli Tq. Aland, Dist. Kalaburagi Now Residing near Filterbed Rajiv Gandhi Nagar Kalaburagi
… Petitioner
(By Sri Nandakishore Boob, Advocate)
And:
The State through Chowk P.S. Kalaburgi
… Respondent
(By Sri P.S. Patil, HCGP)
This Criminal Petition is filed under Section 439 of Cr.P.C. praying to release the petitioner on bail in Crime No.57/2015 of Chowk Police Station Kalaburagi, which is
2
registered for the offences P/U/Sec. 143, 147, 148, 302, 109, 504 R/w 149 of IPC.
This petition coming on for Orders this day, the Court made the following:
O R D E R
A charge sheet has been laid against the petitioner and others for the offences under sections 143, 147,
148, 341, 504, 109, 302 read with Section 149 of IPC.
3
has already dead and in the hospital the doctor has declared that the deceased brought dead. The complainant himself is the eye witness to the incident. He has categorically stated about the overt-acts of the accused particularly this petitioner who played a main role, who stabbed the deceased with a knife. The post mortem report also shows the existence of a stab injury on the chest, which caused the death of the deceased. Coupled with the above said facts and circumstances there is no recovery at the instance of the petitioner.
4
regard to contradictions in the statement of the complainant himself but at this stage this Court is not inclined to appreciate materials on record. The Court can only look to the charge sheet for limited purpose to ascertain whether there is a prima facie case. As I have already observed there is strong prima facie case made out by the prosecution, hence, the petitioner is not entitled for bail. In view of the same, the petition stands dismissed.
Sd/JUDGE
sdu
2 issues framed by the court
Whether the petitioner is entitled to bail in a case involving murder and unlawful assembly where a strong prima facie case exists.
Whether contradictions in the complainant's statement disentitle the accused from bail at the initial stage of bail application.
2 provisions across 2 enactments
Veeresh @ Veerya
The State
K.N. Phaneendra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
