High Court of Karnataka rejected the bail petition of an accused alleged to have committed murder. The court held that existence of two eyewitnesses and motive negated good causes sufficient to grant bail.
Criminal Petition No.101227/2020 dismissed; bail to petitioner not granted.
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 DHARWAD BENCH
DATED THIS THE 25th DAY OF JANUARY 2021
BEFORE
THE HON’BLE MR.JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.101227/2020
BETWEEN:
NINGANAGOUDA S/O. RAMANAGOUDA PATIL AGE : 19 YEARS, OCC : AGRICULTURE, R/O : DEMATTI, TQ : KITTUR, DIST : BELAGAVI (NOW IN JUDICIAL CUSTODY)
.. PETITIONER
(BY SRI. T.R. PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA KITTUR P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENCH DHARWAD.
.. RESPONDENT
(BY SRI RAMESH B.CHIGARI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN KITTUR P.S CRIME NO.160/2019 REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 120B AND 302 READ WITH SECTION 34 OF IPC PENDING ON THE FILE OF THE HON’BLE CIVIL JUDGE AND JMFC COURT KITTUR, IN THE INTEREST OF JUSTICE.
2
THIS PETITION COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The petitioner/accused No.1 has filed this petition under Section 439 of the Code of Criminal Procedure, 1973, for granting regular bail in Crime No.160/2019 registered by Kittur Police for the offence punishable under Sections 120B and 302 read with Section 34 of the Indian Penal Code, (hereinafter referred as to the ‘IPC’, for brevity).
3
granting regular bail which came to be rejected on 07.09.2020 in Crl.Misc.No.1215/2020. Hence, he is before this Court.
4
5
course, she is not an eyewitnesses to the incident and so also CW14. The police, after registering a case against unknown persons, visited the spot and prepared spot panchanama. Subsequently, on the next day, the police recorded the statement of the eyewitnesses CWs.15 one Ganesh Tangappa Hadimani and CW-16-Gousesab Lalasab Tadakod, who are said to have witnessed the incident and stated that accused No.1 came on the motorcycle with an axe and assaulted on the back of the neck of the deceased and caused the death and later went away. Both these eyewitnesses have stated that due to fear they ran away to their house and on the next day, they came and gave statement before the police.
6
7
9. Accordingly, I pass the following order:
The Criminal Petition is dismissed.
Sd/JUDGE
kmv
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case under Section 302 read with Section 120B IPC.
1 provisions across 1 enactments
NINGANAGOUDA S/O. RAMANAGOUDA PATIL
THE STATE OF KARNATAKA
K. NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
