In a criminal bail petition under Section 439 Cr.P.C. for offences under IPC Sections 302 and others, the High Court of Karnataka rejected the plea. The court held that strong prima facie materials connect the petitioner to the murder, making him ineligible for bail.
Petition under Section 439 Cr.P.C. for bail enlarged 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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MRS. JUSTICE M.G.UMA
CRIMINAL PETITION NO.1158 OF 2022
BETWEEN:
1 . MADHU .N S/O. NAGARAJU AGE 24 YEARS RESIDING AT 1ST CROSS NEAR VEERABHADRASWAMY TEMPLE DODDANAGAMANGALA ELECTRONIC CITY POST BENGALURU-560 100.
..PETITIONER
(BY SRI RAMESHA H.N., ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA BY KAGALLIPURA P. S. REP BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560001.
…RESPONDENT
(BY SRI TEJESH .P, HCGP)
THIS CRL.P FILED UNDER SECTION.439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.
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NO.149/2020 (CR. NO.141/2020) OF KAGGALIPURA P.S., RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S. 143,147,148,341,302,120B,34,149 OF IPC, PENDING ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-accused No.6 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.141/2020 of Kagalipura Police Station, pending in S.C.No.149/2020 before the VII Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru, initially registered for the offences punishable under Sections 341, 143, 302, 149, 147, 148 of the Indian Penal Code (for short 'IPC'), and the charge-sheet is filed for the offences punishable under sections 143, 147, 148, 341, 302, 120(B), 34 read with section 149 of IPC, on the basis of first information lodged by the informant Sri.Shridhar.G.N. - brother-in-law of the deceased.
the petitioner and Sri.Tejesh.P., learned High Court
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Government Pleader for the respondent-State. Perused the materials on record.
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material against the petitioner for having committed the alleged offence. 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 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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her further statement. Learned counsel further submitted that the sickle used for commission of the offence was recovered at the instance of the petitioner. There are prima facie materials against the petitioner for having committed the offence. The petitioner is not entitled for grant of bail. Hence, 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:
R E A S O N S
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statements of CW.2 and CW.3 were recorded on the next day of the incident, and they have stated that they witnessed the incident wherein unknown persons assaulted their brother and caused his death.
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question, which is punishable either with death or life imprisonment. Looking to the nature and seriousness of the offence, the petitioner is not entitled for bail.
negative and proceed to pass the following:
ORDER
The petition is dismissed.
Sd/JUDGE
Bss
1 issue framed by the court
Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?
1 provisions across 1 enactments
MADHU .N
THE STATE OF KARNATAKA
M.G.UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
