The Court dismissed the fifth successive bail petition of an accused in a murder case. It held that medical grounds for bail did not arise, the trial had commenced, and there was a risk of witness tampering, with no fresh grounds presented.
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 5TH DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.4538 OF 2021
BETWEEN:
PUNITH S/O. MANIKRISHNA, AGED ABOUT 23 YEARS, RESIDING AT NO.39, 1ST ‘B’ MAIN, J.C. NAGAR, SARASWATHIPURA MAIN ROAD, NANDINI LAYOUT, BENGALURU – 560 026.
... PETITIONER
(BY SRI MOHANKUMARA D., ADVOCATE AND SRI KARTHIK KUMAR K., ADVOCATE)
AND:
STATE OF KARNATAKA BY MAHALAKSHMIPURAM POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560 001.
... RESPONDENT
(BY SRI B.J. ROHITH, H.C.G.P.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.188 OF 2018 (S.C. NO.1757 OF 2018) OF
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MAHALAKSHMIPURAM POLICE STATION, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 302 AND 120B READ WITH SECTION 149 OF THE INDIAN PENAL CODE.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petitioner-accused No.2 has filed a fifth successive bail petition under Section 439 of Cr.P.C., for granting bail in Crime No.188/2018 (S.C.No.1757/2018) registered by Mahalakshmipuram Police Station, Bengaluru, on the file of LXVII Additional City Civil and Sessions Judge, Bengaluru for the offence punishable under Sections 143, 147, 148, 302 and 120(B) read with Section 149 of IPC.
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accused and they have been arrested on 19.06.2018 and remanded to the judicial custody. After the investigation, charge-sheet has been filed. This petitioner approached this Court in Crl.P.No.1675/2019 which came to be rejected on 5.9.2019. He approached learned Sessions Court in S.C.No.1757/2018 which came to be rejected on 11.09.2020. He has filed successive bail petition which also came before the Co-ordinate Bench of this Court in Crl.P.No.8029/2019 which was dismissed as withdrawn on 11.12.2019. Thereafter, he has filed third bail petition before another Coordinate Bench of this Court in Crl.P.No.41/2020 also came to be dismissed as withdrawn on 13.07.2020. The fourth bail petition filed before this Court in Crl.P.No.2769/2020 was also dismissed on 12.08.2020. Now this petitioner has come before this Court with fifth successive bail petition with an additional ground.
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but not proceeding properly. The father of the petitioner is suffering from several ailments and no one is there to look after his father. The petitioner is ready to abide by the conditions that may be imposed by this Court. Hence, prayed for granting bail.
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petitioner or imminent danger in order to show that the presence of this petitioner is very much require to take care of his father. The age of the father of the petitioner is 50 years. The petitioner counsel has not produced family tree in order to show that except himself no other person to take care of his father. The medical records do not reveal any chronic decease suffered by the petitioner’s father. Therefore, granting of bail on medical ground does not arise in spite of trial and witnesses are not present. The order sheet produced by the counsel reveals that on 17.11.2020, the charge has been framed by the trial Court and thereafter, the witnesses were summoned and some of the witnesses are not present. The warrant has been issued time to time and subsequently, in the months of April and May, there was lockdown and closure of the Courts and again the Court were reopened. The notice has been issued to the witnesses for appearance which reveals that the trial Court is adjourning the matter due to non-presence of the witnesses and also due to lock down.
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Accordingly, criminal petition is dismissed .
The trial Court is directed to dispose of the case as early as possible without causing any inordinate delay.
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In view of disposal of main petition, I.A.No.1/2021 does not survive for consideration and the same is disposed of.
Sd/JUDGE
GBB
2 issues framed by the court
Whether the petitioner's fifth successive bail application should be allowed given the nature of charges and previous rejections.
Whether the delay in trial or the ailment of the petitioner's father constitutes a special circumstance warranting bail.
1 provisions across 1 enactments
PUNITH S/O. MANIKRISHNA
STATE OF KARNATAKA
K. NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
