High Court of Karnataka dismissed a bail petition under Section 439 Cr.P.C. filed by an accused charged with murder under Section 302 IPC. The Court held that despite lack of eyewitness, the accused's voluntary surrender and confession created sufficient material for conviction.
Criminal Petition for bail under Section 439 Cr.P.C. dismissed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF MARCH, 2021
BEFORE
THE HON’BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION No.882 of 2021
BETWEEN
RAJA, AGED ABOUT 40 YEARS, S/O. MAHALINGAIAH, RESIDING AT SHIVAPURA VILLAGE, GUNDLUPET TALUK, CHAMAJANAGARA DISTRICT – 571 313. (BY SRI P. NATARAJU, ADVOCATE) AND
…PETITIONER
STATE OF KARNATAKA BY GUNDLUPET POLICE STATION, CHAMARAJANAGARA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001.
…RESPONDENT
(BY SMT. RASHMI JADHAV, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.230/2020 OF GUNDLUPETE POLICE STATION, CHAMARAJANAGAR FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302 AND 506 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. for granting bail in Crime No.230/2020 registered by the Gundlupet Police Station, Chamarajanagara District, for the offence punishable under Section 302 of IPC.
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petitioner, recovered weapons and after the formalities, he was produced before the Court and remanded to judicial custody. He has filed bail petition before the Sessions Judge, which came to be rejected. Hence, the petitioner is before this Court.
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surrendered before the Police. Based on his voluntary statement, the body has been recovered as well as the weapons. The statements of CWs.20 to 22 reveals that the accused informed CWs.20 and 21 about commission of the murder and later surrendered before the Police. The statement of CW.4 shows that the motive aspect regarding illicit intimacy between the deceased and CW.4 was objected to by the accused. CW.1 has also stated that he has threatened to commit the murder of Mahesha about 15 days prior to the murder. The investigation is complete. There is material placed on record for convicting the accused in the case. Hence, prayed for dismissal of the petition.
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accused have been seized under the panchanama. During the investigation, it was revealed that the accused was having intimacy with CW.4 who is the wife of CW.9 and subsequently, she became acquainted with the deceased and the accused threatened the deceased not to continue the relationship of CW.4. In spite of it, the deceased continued his relationship with CW.4 and as per the statement of CW.4 about 4 to 5 months back when she was with the deceased, the accused threatened to kill him and the statement of CWs.20 and 21 shows that after committing the murder, the accused informed them by making telephone call. CW.22 also says that the accused telephoned and informed about the commission of murder. On perusal of the entire material on record, though there is no eyewitness to the incident, but the accused himself voluntarily surrendered and gave confession statement and also extra judicial confession before CWs.20 and 21 and the motive aspect is revealed from CW.4 and the accused himself threatened the deceased in the presence of CW.1 which goes to show that there is sufficient material placed on record to show that the accused
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committed murder of the deceased. There is no ground made out by the learned counsel for the petitioner to grant bail. The offence is a heinous one punishable with death or imprisonment of life. Hence, the criminal petition is dismissed.
Sd/JUDGE
mv
1 issue framed by the court
Whether bail shall be granted in a case of alleged murder punishable under Section 302 IPC where the accused surrendered voluntarily and confessed the crime.
1 provisions across 1 enactments
Raja
State of Karnataka
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court