The court dismissed a criminal petition seeking bail for the petitioner, an accused in a murder case. Recording that earlier merit-based applications were rejected and clarifying that a co-accused had been freed on extraordinary grounds regarding her children, the court found no grounds for reconsideration.
The pleas for enlargement on bail were 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.
CRL.P.NO.946/2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2021
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.946 OF 2021
BETWEEN:
MURALI B.D, S/O DEVARAJ AGED ABOUT 32 YEARS, RESIDING AT NO.RANGANATHA NILAYA, BASAVESHWARA ROAD, SOMAWARAPETE TOWN, MADIKERI – 571 235 ...PETITIONER
(BY SRI B. MANJUNATH, ADVOCATE)
AND
STATE OF KARNATAKA BY SOMAWARPET P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BANGALORE - 01 ...RESPONDENT (BY SMT.NAMITHA MAHESH B.G, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.129/2019 (S.C.NO.7/2020) OF SOMWARPET P.S., KODAGU DISTRICT FOR THE OFFENCE P/U/S 120B, 302, 201 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
CRL.P.NO.946/2021
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O R D E R
Sri Manjunath B., learned counsel appears and seeks
leave to represent the petitioner on the ground that on the previous hearing date due to some technical issues he could not appear. Therefore, Sri. Amit Deshpande, Amicus Curiae is relieved.
No.129/2019 of Somwarpet Police Station which is now pending in S.C.No.7/2020 on the file of the Principal District and Sessions Judge, Kodugu, Madikeri. Accused No.2 is the wife of Suresh the victim. Petitioner/accused No.1 and accused No.2 are facing trial in the aforesaid case for the offences punishable under Sections 120(B), 302, 201 read with Section 34 of IPC.
Accused No.1 and accused No.2 were having illicit relationship with each other. Therefore they conspired to eliminate Suresh from their way. In execution of such conspiracy, they secured Potassium Cyanide and
CRL.P.NO.946/2021
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dispatched to Suresh in the guise of Holy water (Theertha). Accused No.2 administered the same to Suresh and consequently he died.
a) The Cyanide though was allegedly seized on 08.08.2019 was produced before the Court on 13.08.2019 that is a doubtful circumstance;
b) There is no prima-facie material of illicit relationship between the petitioner and accused No.2;
c) No investigation was conducted at the premises of CW.5 regarding the supply of the Cyanide;
d) Accused No.2 who faced the same allegation has
been granted bail by this Court in Crl.P.No.3681/2020.
a) The earlier two petitions were rejected by considering the merits. Therefore, the petitioner can seek bail only on the changed circumstances;
CRL.P.NO.946/2021
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b) There is sufficient material in the charge sheet records to connect the petitioner to the crime;
c) Accused No.2 was granted bail not considering the merits, but on the extraordinary grounds of the medical condition of her minor children. Therefore, the parity does not apply.
CRL.P.NO.946/2021
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The father of the children was murdered. Accused No.2 the only surviving parent was in judicial custody.
There are no grounds to reconsider the matter. The petition is dismissed.
Learned counsel for the petitioner submits that the petitioner is in judicial custody and trial is delayed. The petitioner is at liberty to seek to expedite trial before the trial Court.
Sd/-
JUDGE
GJM
3 issues framed by the court
Whether the court should enlarge the petitioner on bail given the material in the charge sheet and prior orders.
Whether the principle of parity applies to the earlier bail order granted to the petitioner's co-accused.
Whether there are any changed circumstances that warrant a reconsideration of the bail petition.
1 provisions across 1 enactments
Murali B.D.
State of Karnataka
K.S. Mudagal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
