Criminal Petition under Section 439 Cr.P.C. filed for bail in a case involving assault and grievous injuries with a weapon. The High Court observed that the accidental nature of the incident was not established and rejected the bail plea.
The petition for bail was rejected. Liberty granted to approach the Court again in changed circumstances.
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 BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON’BLE MR.JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO.3118/2021
BETWEEN : KENDAGANNA .M S/O. MADASHETTY AGED ABOUT 32 YEARS N. HEBBALAGUPPE VILLAGE KASABA HOBLI, H.D. KOTE TALUK, MYSORE DISTRICT - 571114.
…. PETITIONER
(BY SRI. GOVINDARAJ K., ADVOCATE)(PH)
AND :
STATE OF KARNATAKA H.D.KOTE POLICE STATION, MYSORE DISTRICT - 571114 REP. BY PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGLAURU - 560001. (BY SRI. K.NAGESHWARAPPA, HCGP)
… RESPONDENT
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.20/2020 (S.C.NO.143/2020) REGISTERED BY H.D.KOTE POLICE STATION, MYSURU DISTRICT FOR THE OFFENCE P/U/S 326, 498A AND 307 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R
Heard Sri.K.Govindaraj, learned counsel for the petitioner and Sri.K.Nageshwarappa, learned HCGP for the respondent-State.
A complaint came to be filed on 29.01.2020 which
was registered in Cr.No.20/2020 by H.D.Kote Police, Mysore District. In the complaint it is contended that on 28.01.2020, the complainant and other relatives were sleeping in the hall of their house and at about 3.30 a.m. on 29.01.2020, the accused went out of the house for attending the nature call and thereafterwards returned to the place where all were sleeping and at that juncture, accused assaulted Hemavathi and Manojkumar who tried to intervene, he also assaulted him with Chopper and caused grievous injuries to Hemavathi as well as Manoj
3 -
kumar. Thereafterwards, the injured persons were taken to the hospital. Police after registering the case, arrested the accused/petitioner and after thorough investigation, filed charge sheet against the accused for the offences punishable under Sections 326, 498(A) of IPC.
this Court under Section 439 of Cr.P.C. by imposing stringent conditions.
opposed the bail application on the ground that the offences alleged against the accused/petitioner is heinous in nature and if proved, the accused would be punished with a maximum punishment of life imprisonment and therefore, the gravity of the offence is on the higher side and hence, this is not a fit case to grant bail. He further contended that the wound certificate produced along with the bail application which would clearly indicate that there
are number of grievous injuries sustained by Hemavathi as well as Manoj Kumar and the injuries are caused by sharp edged weapon. He further contended that it is not a case of single blow but number of assaults have been made by the accused/petitioner mercilessly on his mother-in-law and brother-in-law, which shows that the accused/petitioner had every animus to do away with the life of the injured persons and therefore, sought for rejection of the bail.
"whether the accused/petitioner has made out a case for grant of bail by resorting to the special powers vested in this Court.?"
that there was a strained relationship between the accused and his wife's family.
imprisonment. Further, this is a successive bail application and there is no changed circumstance from the dismissal of the earlier petition to the present petition.
ORDER
The petition is rejected. However, if there is inordinate delay in conclusion of the trial, the accused is at liberty to approach this Court or Sessions Court with a successive bail petition in the changed circumstances.
Sd/JUDGE
rv
1 issue framed by the court
Whether the accused/petitioner has made out a case for grant of bail by resorting to the special powers vested in this Court.
1 provisions across 1 enactments
Kendaganna .M
State of Karnataka
V. Shrishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
