The Court dismissed the third bail petition filed by an accused facing trial for murder, robbery, and theft, holding that the alleged trial delay was not a relevant consideration to grant bail in such heinous offences.
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.
Crl.P.No.4950/2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2021
BEFORE
THE HON’BLE MRS.JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO. 4950 OF 2021
BETWEEN :
SANDEEP RATHOD @ SANDEEP BALAPPA RATHOD S/O BALAPPA RATHOD AGED ABOUT 25 YEARS R/O BENAKOTGI THANDA RAMPUR VILLAGE, SINDAGI TALUK VIJAYAPUR DISTRICT …PETITIONER (BY SRI. RAJESH G DODDAMANI, ADVOCATE)
AND :
THE STATE OF KARNATAKA THROUGH MANGALURU SOUTH POLICE STATION, D.K.MANGALURU NOW REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU BENCH - 560 001 … RESPONDENT (BY SRI K.NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING THIS COURT TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.134/2019 OF MANGALORE SOUTH P.S., MANGALURU CITY FOR THE OFFENCE P/U/S 302, 380, 403 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
Crl.P.No.4950/2021
O R D E R
This is the third successive petition of the accused seeking bail in S.C.No.25/2020 on the file of Principal District and Sessions Judge, D.K.,Mangaluru.
Crl.P.No.4950/2021
filed by the petitioner were rejected by this Court considering the merits of the case. In the present case the only changed circumstance petitioner is urging is the delay in trial.
1 (2018) 12 SCC 129
Crl.P.No.4950/2021
not find any ground or changed circumstance to reconsider the matter. Therefore, the petition is dismissed.
Sd/JUDGE
RR
2 issues framed by the court
Whether the four-month delay in trial constitutes a valid ground to enlarge the petitioner on bail in a murder case.
Whether the receipt of the DNA test report cures the prosecution of any imputability for trial delay.
Colour shows how this judgement treated each authority
Anil Kumar Yadav vs. State (NCT of Delhi)Distinguished¶27
Anil Kumar Yadav vs. State (NCT of Delhi) and another
1 provisions across 1 enactments
Sandeep Rathod
The State
K.S. Mudagal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
