Second bail petition in murder case rejected. Court found no changed circumstances; alleged witness hostility unsupported. Long custody not a relevant factor in murder charge. Petition dismissed.
Bail petition dismissed with no grounds made out for grant of bail.
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Crl.P.No.5163/2020
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER 2020
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION No.5163/2020
BETWEEN :
HANUMANTHEGOWDA S/O LATE SULADAIAH AGED ABOUT 45 YEARS R/O THOTADAMANE A.K.KAVAL VILLAGE NEAR HONNUDIKE POST GULUR HOBLI TUMKURU TALUK AND DISTRICT – 572 101 … PETITIONER (BY SRI.CHETHAN B., ADVOCATE)
AND :
STATE OF KARNATAKA HEBBUR POLICE TUMAKURU – 572 101 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU- 560 001 … RESPONDENT (BY SRI.H.R.SHOWRI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.218/2017 OF HEBBUR POLICE STATION, TUMAKURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302 AND 201 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THROUGH VIDEO CONFERENCE THE COURT MADE THE FOLLOWING:
Crl.P.No.5163/2020
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O R D E R
This is the second petition of the petitioner seeking bail in Crime No.218/2017 of Hebbur Police Station which is now pending in S.C.No.37/2018 on the file of the VI Additional District and Sessions Judge, Tumakuru.
Crl.P.No.4112/2018 was rejected by this Court on 19.11.2018 considering the merits of the matter. Under such circumstances, the petitioner is entitled to grant of bail only if there are any changed circumstances.
Crl.P.No.5163/2020
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PWs.3 and 5 to 10 have turned hostile and that is the changed circumstance. The other ground is that the petitioner is in judicial custody since 2017 and all the material witnesses are examined.
submits that except PWs.5 and 6 the brothers of the petitioner, all other witnesses have supported the prosecution case. Though they did not support on some minor aspects, in the cross-examination by the public prosecutor after treating them hostile, they have supported the prosecution version.
Crl.P.No.5163/2020
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the backyard of his house. The perusal of the copies of the depositions produced by the counsel for the petitioner shows that the statement that all the witnesses have not supported the prosecution case in material particulars is unacceptable.
Therefore, the petition is dismissed.
Sd/JUDGE
KG
1 (2018) 12 SCC 129
2 issues framed by the court
Whether the petitioner has shown any changed circumstances to justify grant of bail in murder case after earlier rejection.
Whether the alleged hostility of prosecution witnesses constitutes a changed circumstance warranting bail.
Colour shows how this judgement treated each authority
Anil Kumar Yadav vs. State (NCT of Delhi) and anotherReferred¶8
_Anil Kumar Yadav vs. State (NCT of Delhi) and another_ <sup>_1_</sup>
1 provisions across 1 enactments
HANUMANTHEGOWDA S/O LATE SULADAIAH
STATE OF KARNATAKA
K.S.MUDAGAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
