In a bail petition under Section 439 Cr.P.C., the Karnataka High Court considered the application for bail in a murder case post-charge sheet. The court allowed bail subject to conditions regarding bond and sureties.
Petitioner enlarged on bail by bond of Rs. 2,00,000 with two sureties subject to conditions.
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 26TH DAY OF JULY, 2021
BEFORE
THE HON’BLE MRS.JUSTICE M.G.UMA
CRIMINAL PETITION NO.3861 OF 2021
BETWEEN :
NAVEEN KUMAR S.M. S/O LATE S.M. MANJUNATH AGED AOBUT 35 YEARS R/O SIDDAPURA GATE KASABA HOBLI MADHUGIRI TALUK TUMAKURU DISTRICT – 572 133
…PETITIONER
(BY SRI. NAGABUHUSHANA REDDY K, ADVOCATE)
AND :
STATE OF KARNATAKA BY MADHUGIRI POLICE STATION REPRESENTED BY S.P.P HIGH COURT BUILDING BENGALURU – 560 001
… RESPONDENT
(BY SRI. H.R. SHOWRI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING THIS COURT TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.41/2021 REGISTERED BY MADHUGIRI POLICE
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STATION, TUMAKURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302 AND 201 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The petitioner-sole accused is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.41 of 2021 of Madhugiri Police Station, on the basis of the first information lodged by the informant for the offence punishable under Sections 302 and 201 of the Indian Penal Code (for short 'IPC').
be switched off. She and her neighbour went in search
of her husband to Madhugiri town. On next day
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morning, she found the scooty belonging to her husband near the land belonging to one Eranna. When she went there, she saw her husband lying on the land and a poison bottle was also lying beside him. She informed this fact to one Kumaranna and shifted her husband to Madhugiri Government Hospital. Again, he was shifted to Tumakuru for treatment. But on the way to the hospital, he breathed his last.
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spleen.” Therefore, the informant requested the police to register the case and to initiate legal action against the accused. Accordingly, the police registered the case and took up investigation. During investigation, the petitioner was apprehended on 01.04.2021 and since then, he is in judicial custody. It is stated that now the investigation is completed and the charge sheet is also filed.
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the FIR. Initially UDR report is filed against unknown person. No eye witnesses are there to speak about the incident and statements of the witnesses are quite contradictory. The case of the prosecution is baseless. Except the voluntary statement of the accused said to have been recorded by the investigating officer, informant has never informed about the injuries on the deadbody.
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petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.
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8. In view of the rival contentions urged by
learned counsel for both the parties, the point that would arise for my consideration is:
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in the ‘Affirmative’ for the following:
R E A S O N S
is of serious nature for the offences punishable under
Sections 302 and 201 of IPC. Admittedly, the petitioner was apprehended on 01.04.2021 and thereafter, further investigation was undertaken and now the charge sheet is filed. Under such circumstances, detention of the petitioner in custody is not required for any other purpose except to
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safeguard the interest of the prosecution witnesses and to secure his presence before the Court. Hence, I am of the opinion that the petitioner is entitled to be enlarged on bail, subject to conditions, which will take care of the apprehension expressed by the learned High Court Government Pleader that the petitioner may abscond or may tamper or threaten the prosecution witnesses.
the affirmative and proceed to pass the following:
ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No.41 of 2021 of Madhugiri Police Station on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to
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the satisfaction of the jurisdictional Court, subject to the following conditions:
c). The petitioner shall appear before the Court as and when required.
Sd/JUDGE
Mds.
1 issue framed by the court
Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?
3 provisions across 2 enactments
Naveen Kumar S.M.
State of Karnataka
M.G. Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
