High Court at Bengaluru allowed bail to accused No.3 charged with murder. Court balanced risk of absconding against right to liberty, noting investigation finished and parity with another accused.
Petitioner enlarged on bail on bond of Rs.2,00,000/- with two sureties, subject to conditions of no similar offences and no witness tampering.
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 1ST DAY OF OCTOBER, 2021
BEFORE
THE HON’BLE MRS.JUSTICE M.G. UMA
CRIMINAL PETITION No.6978/2021
BETWEEN :
CHANDRU @ANEKIVI S/O SHIVASWAMY AGED ABOUT 23 YEARS RESIDING AT NO.10/2 1ST CROSS, KALIDASA LAYOUT SRINAGARA, BANGALORE – 560 050.
… PETITIONER
(BY SRI:GIRISH.S., ADVOCATE)
AND :
STATE OF KARNATAKA BYATARAYANAPURA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU. … RESPONDENT (BY SRI:H.R.SHOWRI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.892/2021 (CR.NO.116/2021) BYATARAYANAPURA POLICE STATION, BANGALORE, PENDING ON THE FILE OF THE LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148, 120B, 302 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
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O R D E R
The petitioner-accused No.3 is before this Court seeking bail under Section 439 of Cr.P.C. in Crime No.116/2021 of Byatarayanapura Police Station, Bengaluru, pending in S.C.No.892/2021 on the file of LXIV Additional City Civil & Sessions Judge (CCH-65), Bengaluru, registered for the offences punishable under Sections 143, 147, 148, 120B, 149, 302 read with Section 149 of the Indian Penal Code (for short 'IPC'), on the basis of first information lodged by the informant-Smt. Muthulakshmi.
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the matter without any basis. He was apprehended on 12.04.2021 and since then he is in judicial custody. There are no eye-witnesses to the incident. The investigation has been completed and the charge sheet is also filed. The prosecution is relying on circumstantial evidence. No incriminating materials were seized at the instance of the present petitioner. Even as per the charge sheet, the present petitioner has not committed any overt-act, except holding the deceased to enable the other accused to inflict injuries to the deceased. The deceased was having criminal antecedents and accused No.4 is the main accused who had motive to cause the death of the deceased. Accused No.6, against whom similar allegations are made is already enlarged on bail by this Court in Crl.P.No.6112/2021, vide order dated 30.08.2021. The present petitioner is also entitled for grant of bail by extending the benefit of parity with accused No.6. Since the investigation is already completed, detention of the petitioner in custody would amount to pre-trial punishment. The petitioner is the permanent resident of the address mentioned in the cause
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title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.
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is pending against him for trial. In view of the criminal antecedent, the petitioner is not entitled for grant of bail. Hence, prays for dismissal of the petition.
learned counsel for both the parties, the point that would arise for my consideration is:
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in ‘Affirmative’ for
the following:
R E A S O N S
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along with other accused and on 10.04.2021, all the accused went near the spot, in three separate two wheelers where the deceased was present and accused Nos.3 and 6 have caught hold the deceased, while accused Nos.1, 2, 4, 5 and 7 assaulted with deadly weapons. It is stated that the blood-stained clothes of the present petitioner was recovered at his instance from his house. These materials prima-facie discloses that the present petitioner had taken active part in commission of the offence. The contention of the learned counsel for the petitioner that the petitioner has been implicated in the matter without any basis, cannot be accepted at this stage. The specific overt-act alleged against the present petitioner is that he along with accused No.3 was holding the deceased to enable the other accused to inflict injuries/assault him. Even though, accused No.6 against whom similar allegations are made is already enlarged on bail by this Court, it is contended by learned HCGP that the petitioner is having criminal antecedent for having involved in a criminal case for having committed sexual assault on a
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minor girl and the matter is pending in Spl.C.C.No.589/2017 before the learned City Civil and Sessions Judge, Bengaluru.
affirmative and proceed to pass the following:
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ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No.116/2021 of Byatarayanapura Police Station, Bengaluru, pending in S.C.No.892/2021 on the file of LXIV Additional City Civil & Sessions Judge (CCH-65), Bengaluru, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:
If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.
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On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.
Sd/JUDGE
GVP
1 issue framed by the court
Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C. in view of serious allegations and criminal antecedents?
2 provisions across 2 enactments
CHANDRU @ANEKIVI
STATE OF KARNATAKA
M.G. UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
