The High Court of Karnataka dismissed a successive bail petition filed by accused No.3 for offences under IPC 302. The court held that the case involved a brutal murder punishable by death or life imprisonment, finding no grounds to grant bail.
Petition to enlarge bail dismissed.
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 23RD DAY OF OCTOBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE ASHOK.S.KINAGI
***** CRIMINAL PETITION NO.4841 OF 2021
BETWEEN :
Mutthesha.T.P.(A-3) S/o Puttaswamy, Aged about 31 years, R/of Thoppanahalli Village, Kasaba Hobli, Maddur Taluk, Mandya District-571428 . … Petitioner
(By Sri Tigadi Veeranna Gadigappa, Advocate)
AND:
The State of Karnataka By Maddur Police Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru-560001. ... Respondent (By Sri Thejesh, HCGP for R1, Sri.Tejas N. for Defacto complainant)
This Criminal Petition is filed under Section 439 Cr.P.C. by the Advocate for the petitioner praying that this Hon'ble Court may be pleased to enlarge the petitioner on bail in Cr.No.444/2018 of Maddur P.S., Mandya for the offence P/U/S.143, 146, 148, 341, 307, 302, 120B, 201, 149 of IPC.
This Criminal Petition coming on for Orders through this day, the Court made the following:
O R D E R
This is a successive bail petition filed by accused No.3 to enlarge him on bail in connection with the case registered under Crime No.444/2018 of Maddur Police Station, Mandya. The charge sheet has been filed against accused Nos.1 to 3 for offences punishable under Sections 143, 146, 148, 341, 307, 302, 120B, 114 read with Section 149 of IPC.
and also learned High Court Government Pleader for the respondent.
that accused No.2 has been enlarged on bail in Crl.P.No.1342/2020 by this Court. This accused is also entitled for enlargement of bail on the ground of parity. He further submits that the petitioner is in
judicial custody since from 24.12.2018. Hence, he prays to allow the petition.
opposes for grant of bail to the petitioner on the ground that knife, mobiles and bike were recovered from the accused, wherein, this petitioner has stabbed the deceased on the back after pushing him to the car. Accused Nos.4 and 5 stabbed the deceased near his right shoulder. Due to the said injury, deceased died on the way to the hospital. He further submits that there are serious allegations made against the petitioner. Hence, he prays to dismiss the petition.
considered the submissions of the learned counsel for the parties.
previous enmity, all the accused formed an unlawful assembly, harmed with the deadly weapons and committed the murder of one Prakash and also committed serious overt acts as he stabbed with a knife near the back of the deceased.
stab injuries sustained. Therefore, the said fatal injuries is at Sl.No.17 in postmortem report.
for the petitioner that accused No.2 was enlarged on bail by this Court. From the perusal of the order passed in Crl.P.1342/2020, this Court granted bail to accused No.2 only on the ground there are no serious allegations against accused No.2 in regard to assaulting the deceased and further observed that petitioner therein was not present at the place of incident and further, accused No.2 has produced the records to show that at the time of incident, he was not present at the spot.
submits that now trial has been already commenced and also submits that the petitioner has filed Criminal Petition No.7878/2019 before this Court and has
withdrawn the petition on 06.08.2020. From the perusal of the records this is a clear cut case of brutal murder. The offence alleged is punishable with death or life imprisonment for life. In view of the same, I do not find any grounds to allow the petition.
Accordingly, the petition is dismissed.
SD/JUDGE
ssb
2 issues framed by the court
Whether bail should be enlarged for accused No.3 despite serious allegations of murder and failure of parity grounds.
Whether the commencement of trial and nature of grave offence preclude bail.
2 provisions across 2 enactments
Mutthesha.T.P.(A-3)
The State of Karnataka
Ashok S. Kingi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
