This is a successive criminal bail petition filed on medical grounds and parity arguments. The court rejected the plea, holding that medical certificate was absent and previous rejection was upheld as grounds of parity were not applicable.
Petition for bail rejected.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JULY, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.4654 OF 2021
BETWEEN:
... PETITIONERS (BY SRI NAGENDRA G., ADV.)
AND:
STATE OF KARNATAKA BY KRISHNARAJA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001.
... RESPONDENT (BY SRI K. NAGESHWARAPPA, H.C.G.P.)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.122 OF 2019 (C.C. NO.1606 OF 2020) REGISTERED BY KRISHNARAJA POLICE STATION, MYSURU, FOR THE OFFENCE PUNISHABLE UNDER SECTION 392 OF THE IPC.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Learned High Court Government Pleader accepts
notice for the respondent-State.
3
Petition No.1516 of 2021. Now, the present petition is filed on medical grounds. Learned counsel for the petitioners submits that son of petitioner No.1/accused No.1 is suffering from acute diarrhea with moderate dehydration and there is no one to look after the kid, except his wife. Hence, he prayed for allowing the petition to look after the child.
4
and accused No.4 are different. Further, it has stated that the petitioners are directly involved in commission of the offence and accused Nos.3 and 4 were standing with a motorcycle in a corner of the road to give protection to accused Nos.1 and 2. The petitioners snatched mangala sutra ( thali) of the complainant and therefore, the petitioners are directly involved in commission of the offence. Therefore, the ground of parity is also not applicable to the petitioners. No fresh ground made out.
Accordingly, the successive petition is rejected .
Sd/JUDGE
kvk
2 issues framed by the court
Whether a successive bail petition on medical grounds should be allowed after a previous petition was rejected on merits.
Whether a ground of parity is sufficient to grant bail to accused directly involved in the offence.
2 provisions across 2 enactments
MOHAMMED FARAZ
ARBAZ KHAN
STATE OF KARNATAKA
K. NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
