Criminal petition under Section 439 CrPC seeking bail in murder (Section 302 IPC) and cruelty (Section 498A) proceedings was dismissed due to lack of eyewitness evidence, risk of absconding, and duration of custody exceeding ten months.
Petition seeking bail under Section 439 CrPC is dismissed.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JULY, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.241 OF 2021
BETWEEN:
MALLIKARJUNA C. @ MALLIKA S/O. LATE CHIKKABETAIAH, AGED 44 YEARS, RESIDING AT MANNE GRAMA, THYAMABONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL – 562 123.
... PETITIONER
(BY SRI C.N. RAJU, ADV.)
AND:
STATE OF KARNATAKA BY RAJAGOPALA NAGAR P.S., REPRESENTED BY HIGH COURT GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
... RESPONDENT
(BY SRI K. NAGESHWARAPPA, H.C.G.P.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.448 OF 2019 OF RAJAGOPAL NAGAR POLICE STATION, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A AND 302 READ WITH SECTION 34 OF THE IPC.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THROUGH VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING:
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O R D E R
This petition is filed by accused No.1 under Section 439 of the Code of Criminal Procedure, 1973, for granting regular bail in Crime No.448 of 2019 registered by Rajagopal Nagar Police Station, Bengaluru, for the offences punishable under Sections 498A and 302 read with Section 34 of the Indian Penal Code, 1860.
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often threaten the deceased that he will not spare her. On 27-8-2019 at 10:30 p.m., accused No.2 went to the complainant’s house asking for the petitioner and again on 28-8-2019 around 7:30 a.m., some unknown person came asking for the deceased. The complainant sent the deceased’s son to inform the same to the deceased and when he went upstairs to call the deceased, he shouted loudly asking the complainant to come up and when he went up, he saw the deceased in the pool of blood. Based on the complaint, the Police arrested the petitioner on 31-8-2019 and weapons used for commission of the murder were seized. The petitioner approached the Sessions Court for granting bail, which came to be rejected. Hence, this petition.
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between the deceased and the petitioner. In this regard, panchayat was held and the petitioner was blaming the deceased that she damaged his prestige in public. On 27-8-2019 at 10:30 p.m., accused No.2 went to the house of the complainant in search of the petitioner and the deceased scolded why he sent him upstairs and later, on the next day, the deceased was found dead. C.Ws.9 to 11 are the circumstantial witnesses, who have seen accused No.2, while going out of the house of the petitioner. Post-Mortem examination report reveals the ‘ death is due to chop injuries sustained to the head .’ Wooden log and iron rod is seized at the instance of the petitioner and sent to F.S.L. Since the petitioner is in custody for more than one year and ten months that itself cannot be a ground to grant bail to the petitioner. If the petitioner is released on bail, there is every chance of absconding and tampering with the prosecution witnesses are not ruled out. Therefore, the petitioner is not entitled for bail.
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Accordingly, the petition is dismissed .
Sd/JUDGE
kvk
1 issue framed by the court
Whether bail should be granted to the petitioner accused of murder under Section 302 IPC considering circumstantial evidence and custody duration.
2 provisions across 2 enactments
MALLIKARJUNA C. @ MALLIKA S/O. LATE CHIKKABETAIAH
STATE OF KARNATAKA BY RAJAGOPALA NAGAR P.S.
K. NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
