This criminal bail petition under Section 439 Cr.P.C. regarding an alleged murder case involving stabbing was allowed. The High Court directed the release of the petitioner on bail subject to a bond of Rs.1,00,000/
Release of the petitioner/accused No.1 on bail subject to a personal bond of Rs.1,00,000 and four other specific 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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.463 OF 2021
BETWEEN:
MUJAHID BASHA @ MUJJU S/O. SAMIULLA, AGED ABOUT 23 YEARS, OCC: BAR BUILDING WORK, RESIDENT OF ESHWARANA KALLU, NEAR TOWER, CHELUGUDDA, CHITRADURGA TOWN.
... PETITIONER
(BY SRI GURUDEV GACHCHINAMATH, ADV., FOR SRI I.G. GACHCHINMATH)
AND:
THE STATE OF KARNATAKA BY KOTE POLICE STATION, CHITRADURGA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, BENGALURU.
... 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.88 OF 2020 (C.C. NO.870 OF 2020) OF KOTE POLICE STATION, CHITRADURGA, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120B, 302, 201, 323, 324 AND 504 READ WITH SECTION 34 OF THE IPC.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, 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 short, ‘the Cr.P.C.’) for granting regular bail in Crime No.88 of 2020 registered by Chitradurga Kote Police Station for the offences punishable under Sections 504, 323 and 324 read with Section 34 of the Indian Penal Code, 1860 (for short, ‘the IPC’), and later filed charge-sheet for the offences punishable under Sections 120B, 302, 201, 323, 324 and 504 read with Section 34 of the IPC.
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standing near Burujanahatti, Chitradurga, the petitioner came there and when he asked the petitioner to return the amount due to him, the petitioner went away threatening the deceased. Later, the petitioner called the deceased and assured of paying money and asked him to come to Thippareddy colony. Therefore, he along with his friend, Afreed, went to Thippareddy colony at 8:30 p.m., where the petitioner stabbed the deceased with axa blade and accused No.2 is said to have caught hold of him. After sustaining injuries, the deceased went to the Hospital, took treatment as out-patient and later, on 5-5-2020, he filed the complaint. Subsequently, on 8-5-2020, the deceased succumbed to the injuries in the Hospital. Hence, Section 302 of the IPC came to be added. Based on the complaint, the Police arrested the petitioner on 10-5-2020 and since then, he is in custody. The petitioner approached the Sessions Court for granting bail, which came to be rejected. Hence, this petition.
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the deceased himself amounts to dying declaration. Hence, he prayed for rejecting the petition.
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been granted bail by the Co-ordinate Bench of this Court. Though the petitioner has assaulted on the stomach with axa blade, the same is already recovered. Whether there was intention or motive to commit the murder of the deceased or not is a matter of trial. Therefore, without expressing any opinion on the merits of the case, I am of the opinion that the petitioner is entitled for grant of bail. Hence, I pass the following
O R D E R
Criminal petition is allowed .
The trial Court is directed to release the petitioner/accused No.1 on bail in Crime No.88 of 2020 registered by the respondent-Chitradurga Kote Police Station for the offences punishable under Sections 120B, 302, 201, 323, 324 and 504 read with Section 34 of the IPC, subject to the following conditions:
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Sd/JUDGE
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3 issues framed by the court
Whether the petitioner is entitled to bail under Section 439 Cr.P.C. in a case involving alleged murder and conspiracy punishable under Sections 302, 120B IPC.
Whether the lateness of the deceased lodging the complaint precludes the grant of bail to the accused.
What conditions must be imposed for the regular bail of the accused.
3 provisions across 2 enactments
Mujahid Basha @ Mujju
The State of Karnataka
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
