Krishnana르 petition under Section 439 of Cr.P.C. seeking bail was dismissed by the Karnataka High Court due to serious allegations of murder, active participation, and recovery of incriminating material at the accused's instance.
The criminal petition praying for enlargement on bail was 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 8TH DAY OF OCTOBER, 2021
BEFORE
THE HON’BLE MRS.JUSTICE M.G.UMA
CRIMINAL PETITION NO.7078 OF 2021
BETWEEN :
SRI. KIRANA @ KIRAN S/O VEERAIAH, AGED ABOUT 31 YEARS, R/AT NO.7 SETU CROSS, UDAYA BADAVANE, MANGANAHALLI, BENGALURU-571 453.
…PETITIONER
(BY SRI. NARAJJI DEEPAK, ADVOCATE)
AND :
STATE OF KARNATAKA BY BYADARAHALLI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, COUR COMPLEX, HIGH COURT BUILDING, BENGALURU-560 001.
… RESPONDENT (By Sri. K.S. ABHIJITH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.196/2019 OF BYADARAHALLI POLICE STATION, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148, 302, 120(B) READ WITH SECTION 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
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ORDER
The petitioner is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.196/2019 of Byadarahalli Police Station, Ramanagara District, pending in S.C.No.315/2019 on the file of the Principal District and Sessions Judge, Bengaluru Rural District, Bengaluru, registered for the offences punishable under Sections 143, 147, 148, 302 read with 149 of Indian Penal Code (for short 'IPC') on the basis of first information lodged by the informant Smt. Ratnamma.
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custody. It is alleged that the petitioner along with other accused persons thrown chilly powder on the face and assaulted the deceased with long. Similar allegations are made against other accused as well. After investigation, the charge sheet is filed. Accused Nos. 6 and 8 are already enlarged on bail. Now the matter is pending for trial in S.C.No.315/2019 before the learned Principal District and Sessions judge, Bengaluru. PWs.1 to 7 are already examined. They have not supported the case of the prosecution. Considering these materials on record, there is absolutely no link to connect the petitioner to the offence in question. The petitioner is the permanent resident of the address mentioned in the cause 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 in the interest of justice.
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committed the offences. As per charge sheet, specific allegations are made against the present petitioner, who is arraigned as accused No.2. He has played an active role in throwing chilly powder on the face of the deceased and assaulting the deceased with long. The long is recovered at the instance of the present petitioner. The incriminating material is recovered at the instance of all the accused. CWs.9, 10 and 11 are the material witnesses, who speak about the incriminating materials. Therefore, the petitioner is not entitled to be enlarged on bail. Accordingly, he prays for dismissal of the petition.
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in ‘Negative' for the following:
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R E A S O N S
Hence, the petition is dismissed .
AG
2 issues framed by the court
Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?
Whether the serious allegations and recovery of incriminating material at the instance of the petitioner manifest interference with justice?
1 provisions across 1 enactments
SRI. KIRANA @ KIRAN
STATE OF KARNATAKA
M.G. UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
