High Court of Karnataka rejected a successive bail petition filed by accused No.3 under Section 439 Cr.P.C. The court held that parity with co-accused granted bail by the Sessions Court was not applicable and no new grounds or changed circumstances existed.
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.
IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 16TH DAY OF FEBRUARY, 2021
BEFORE
THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR
CRIMINAL PETITION NO.100160 OF 2021
BETWEEN:
SHRI MALAPPA, S/O GURALING TELI, AGED ABOUT 41 YEARS, OCC: AGRICULTURE, R/O MUGALKHOD VILLAGE TQ RAIBAG, DIST. BELAGAVI-591317. …PETITIONER
(BY SRI K ANANDKUMAR, ADVOCATE)
AND:
STATE OF KARNATAKA, THROUGH HARUGERI POLICE STATION, TQ.RAIBAG, BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD BENCH AT DHARWAD – 580 051. ...RESPONDENT
(BY SMT.SEEMA NAYAK, HCGP FOR STATE/RESPONDENT)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C SEEING TO ALLOW THIS CRIMINAL PETITION AND ORDER FOR RELEASE THE PETITIONER / ACCUSED NO.3 ON BAIL IN CRIME NO.05/2020 HARUGERI POLICE STATION PUNISHABLE UNDER
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SECTION 302,307, 326, 504, 506 R/W SECTION 34 OF IPC, PENDING BEFORE PRL. CIVIL JUDGE AND JMFC COURT RAIBAG AS PETITIONER IS CONCERNED.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING THROUGH VIDEO CONFERENCE:
ORDER
This is a successive bail petition under Section 439 Cr.P.C. by petitioner-accused No.3 for grant of bail in Crime No.5/2020 of Harugeri P.S. registered for the offence punishable under Sections 302, 307, 326, 504, 506 read with Section 34 of IPC.
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earlier order dated 07.07.2020 passed in Crl.P.100570/2020 and charge sheet records.
Sd/JUDGE
BSR
2 issues framed by the court
Whether accused under Section 302 IPC is entitled to bail on grounds of parity since other co-accused were granted bail.
Are there any change of circumstances warranting bail in the successive bail petition filed under Section 439 Cr.P.C.
2 provisions across 2 enactments
SHRI MALAPPA
STATE OF KARNATAKA
ASHOK G. NIJAGANNAVAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
