The High Court dismissed a successive bail petition filed by a murder accused. The Court held that since the previous bail petition was rejected on merits and the case was committed to the Sessions Court, no fresh ground existed to grant bail.
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 1ST DAY OF MARCH, 2021
BEFORE
THE HON’BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.387 OF 2021
BETWEEN
SMT. CHANDRIKA K.P. W/O. LATE GUNDARAM, AGED ABOUT 24 YEARS, RESIDENT AT C/O. GOPAL, 2ND CROSS, VIDHYANAGARA, MANDYA CITY – 571 401.
... PETITIONER
(BY SRI VENKATESH, ADVOCATE)
AND
STATE BY MANDYA WEST POLICE MANDYA DISTRICT – 571 401,
STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.
... RESPONDENT
(BY SMT. RASHMI JADHAV, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF CRIMINIAL PROCEDURE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.10/2020 (S.C.NO.52/2020) (C.C.NO.551/2020) OF MANDYA WEST POLICE STATION, MANDYA DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 394, 397, 302, 120B AND 114 READ WITH 34 OF THE INDIAN PENAL CODE AND SECTIONS 3, 7 AND 25(1A) OF THE INDIAN ARMS ACT, 1959 AND THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA HAS
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DISMISSED THE BAIL PETITION ON 21.12.2020 IN S.C.NO.52/2020.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused No.4 under Section 439 of Cr.P.C., for granting regular bail in crime No.10/2020 (C.C.No.551/2020, S.C.No.52/2020) registered by the Mandya West Police Station, Mandya District for the offences punishable under Sections 120(B), 394, 397, 302 and 114 read with Section 34 of IPC and Sections 3, 7, 25(1A) of Indian Arms Act, 1959.
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enquiry she informed that some unknown four persons have entered the house and committed murder of the deceased. Based upon the information received from this petitioner, the complaint came to be registered for the offences punishable under Sections 394, 397 and 302 read with Section 34 of IPC. During the investigation, it was revealed that the petitioner is having illicit intimacy with accused No.1 and hatched conspiracy along with accused Nos.1 and 2 to commit the murder of her own husband. During the investigation, the police arrested the petitioner on 23.01.2020 and charge-sheet has been filed. This petitioner filed a petition in Crl.P.No.4983/2020 which came to be dismissed on 22.10.2020 and this is a successive bail petition.
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and therefore, he prays that by imposing certain conditions, the petitioner may be enlarged on bail. Learned counsel also submits that the co-accused No.6 has been deleted from the charge-sheet. Accused No.5 has been granted bail by the co-ordinate Bench of this Court. Hence, prayed for allowing the petition.
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pending before the Court that cannot be a fresh ground for the purpose of considering the case. This petitioner having illicit intimacy with accused No.1 and hatched a plan to commit murder by allowing accused Nos.1 to 3 to come inside the house and kill her own husband which clearly shows her involvement in this case.
Sd/JUDGE
GBB
2 issues framed by the court
Whether a successive bail petition without new material can be reconsidered despite the Sessions Court having taken cognizance of the case.
Whether the petitioner's alleged conspiracy to murder her husband warrants rejection of bail on merits.
3 provisions across 3 enactments
Smt. Chandrika K.P.
State by Mandya West Police Mandy District
K.NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court