In a third successive bail petition for murder (Charge: conspiracy, kidnapping, murder, and burial of body), the Court held that delay in trial does not justify bail in serious cases. The petition was dismissed by an order dated 08-11-2021.
Petition dismissed; Trial Court directed to dispose of the matter within six months.
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.5569/2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER 2021
BEFORE
THE HON’BLE MRS JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.5569 OF 2021
BETWEEN:
DALU @ DALI S/O LATE BELIYAPPA, AGED ABOUT 45 YEARS, R/AT MALERA HOUSE, MADIKERI VILLAGE & TALUK, KODAGU DISTRICT – 573 231. ... PETITIONER (BY SRI B.LETHIF, ADVOCATE)
AND :
THE STATE OF KARNATAKA, BY SULLIA POLICE STATION, MANGALURU DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BENGALURU – 560 001. ... RESPONDENT (BY SRI. K.S.ABHIJITH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 IF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.54/2017 (SESSIONS CASE NO.5016/2018) OF SULLIA POLICE STATION, D.K. FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120B, 341, 364, 302, 201 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
CRL.P.NO.5569/2021
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O R D E R
This is the third successive petition of accused No.1 seeking bail in Crime No.54/2017 of Sullia Police Station which is now pending in S.C.No.5016/2018 on the file of V Additional District and Sessions Judge, Dakshina Kannada, sitting at Puttur.
CRL.P.NO.5569/2021
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rejected considering the merits. On third occasion, he was granted temporary bail on medical ground.
petitioner relies is that accused Nos.2 to 5 have been granted bail. The other contention is that the material witnesses are already examined and there is no progress in the trial.
evidence, having regard to evidence of P.Ws.1, 4 and 5, at this stage, it cannot be said that absolutely there is
CRL.P.NO.5569/2021
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no ground to believe that petitioner has committed the offence alleged against him.
according to the petitioner himself, witness of the last scene theory and discovery of the dead body are already examined. The Hon’ble Supreme Court in Anil Kumar Yadav vs. State (NCT of Delhi) and another1 has held that in a case involving serious crime like murder the detention of the accused itself is not a ground to grant bail. Under such circumstances, there is no ground to re-consider the matter. Therefore the petition is dismissed.
The trial Court is requested to dispose of the matter expeditiously at any rate within six months from the date of receipt of copy of this order.
Pgg
3 issues framed by the court
Whether bail should be granted on the ground that other co-accused have been granted bail and material witnesses examined.
Whether delay in trial mandates reconsideration of bail in a murder case.
Whether the third bail petition in successive proceedings should be allowed despite earlier merit-based rejections.
Colour shows how this judgement treated each authority
Anil Kumar Yadav vs. State (NCT of Delhi) and anotherReferred¶32
Anil Kumar Yadav vs. State (NCT of Delhi) and another
1 provisions across 1 enactments
DALU @ DALI
THE STATE OF KARNATAKA
K.S. MUDAGAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
