Successive bail petition dismissed. Court held petitioner's new grounds regarding pandemic-related trial delay and change in family circumstances do not constitute changed circumstances justifying bail after prior rejection.
Petition for enlargement on bail was dismissed.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 21ST DAY OF OCTOBER 2020
BEFORE
THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ
CRL.P.NO.101196/2020
BETWEEN:
GUTTEPPA S/O BHIMAPPA KARIBHEEMANNANAVAR AGE: 40 YEARS, OCC: AGRICULTURE, R/O: KALVEYALLAPUR, TQ: HANGAL, DIST: HAVERI.
...PETITIONER (BY SRI. M B GUNDAWADE, ADV.)
AND
STATE OF KARNATAKA BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD, THROUGH ADUR POLICE STATION.
…RESPONDENT (BY SRI. V.S.KALASURAMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C, SEEKING TO ENLARGE THE PEITTIONER / ACCUSED NO.1 ON BAIL IN S.C.NO.103/2019, ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, HAVERI, FOR THE ALLEGED OFFENCES U/SEC.143, 147, 148, 323, 324, 326, 302, 504, 506 R/W.SEC.149 OF CPC.
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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This is a successive bail petition filed by
accused No.1 seeking to enlarge him on bail in Crime No.51/2019 of Adur Police Station. Charge sheet has been filed against accused No.1 and 6 others for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 302, 504, 506 r/w 149 of IPC.
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accused No.1 has assaulted on the head of the deceased by name Parasappa and his brother Govindappa with an axe.
submits that even though the charge sheet has been filed and the case is committed to the Court of Sessions, there is no progress in the case due to the prevailing situation of Covid-19 pandemic. He submits that the deceased has four minor children who were taken care by the father of the petitioner. However, petitioner’s father died on 29/9/2020. Hence, the petitioner may be enlarged on bail so that he can take care of his minor children.
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said to be changed circumstances so as to release him on bail. It is submitted that the minor children of the petitioner are being taken care by their mother and other family members. It can not be said at this stage that there is delay in conducting trial. There are no changed circumstances. Hence, the petition is dismissed.
Sd/JUDGE
Vmb
1 issue framed by the court
Whether the petitioner can be enlarged on bail on changed circumstances of death of his father and prosecution delay due to the pandemic.
2 provisions across 2 enactments
GUTTEPPA S/O BHIMAPPA KARIBHEEMANNANAVAR
STATE OF KARNATAKA
MOHAMMAD NAWAZ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
