Criminal petition filed under Section 439 Cr.P.C. for regular bail in a murder case involving lethal assault and multiple charges. Court rejected bail application citing nature of offence and pendency of other cases.
Petition for enlargement on regular bail rejected.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 15TH DAY OF NOVEMBER 2018
BEFORE
THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO
CRL.P.NO.101053 OF 2018
BETWEEN:
RIYAZASAB S/O MAIBOOBSAB SAYYAD @ BANDAGISAYYED AGE: 19 YEARS, OCC: COOLIE, R/O: HANJAGI, INDI TALUK, DIST: VIJAYAPURA.
... PETITIONER
(BY SRI. VIDYASHANKAR G DALWAI, ADV.)
AND
THE STATE OF KARNATAKA BY ITS P.S.I. BILAGI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD.
... RESPONDENT
(BY SRI. PRAVEENK.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., SEEKING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON REGULAR BAIL IN BILAGI P.S.CRIME NO.61/2018 PENDING ON
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THE FILE OF JMFC COURT (SENIOR DIVISION), BILAGI FOR AN OFFENCES PUNISHABLE UNDER SECTION 323, 324, 341, 302, 395, 396, 504 R/W 149 OF IPC.
This petition coming on for Orders this day, the Court made the following:
ORDER
The case is registered in Crime No.61/2018 before the respondent –police, Bilagi police station. Offence is said to have been committed on 27/2/2018. The place of the offence is stated to be NH No.218 road, near old Anganawadi, Bilagi, Vijayapuura District.
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have left the home with load of fruits and were bound to go to Kerala for unloading the fruits. The information was received from her relative that her son fell unconscious on account of accident. The FIR was registered and insofar as coloumn No.6 is concerned, the accused persons are unknown. The injured Ningaraj Ashok Kamble informed the complainant how they were attacked by the group of persons who came in a car and the injuries were caused. To recalculate the same, it is stated that at 2.45 a.m., in the vehicle bearing Registration No.KA 28/C8504, the deceased and Ningaraj Ashok Kamble-driver were proceeding and two persons came in a Indica car, stopped it by obstructing the vehicle in which the deceased and Ningaraj Ashok Kamble were traveling and they started beating the Ningaraj Ashok Kamble and the deceased by entering into the vehicle, pulled the deceased to the ground and rear wheel of the vehicle was made to ran over him and killed him and they ran away. The offence that was registered against the unknown accused at the time of registration of FIR are under Sections 341, 34, 302, 324, 504, 323 of IPC 1860.
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offence, mode of happening and pendency of other criminal cases.
SD JUDGE
Vmb
2 issues framed by the court
Whether the petitioner is entitled to regular bail under Section 439 Cr.P.C. considering the nature of the offence.
Whether the pendency of other criminal cases and the petitioner's previous record precludes bail.
9 provisions across 2 enactments
Riyazasab S/o Maibooabsab Sayyad @ Bandagi Sayyed
State of Karnataka
N.K.Sudhindrarao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
