Criminal petition seeking enlargement on bail in a murder and kidnapping case was rejected. The High Court held that possession of the accused's vehicle and presence during kidnapping preclude discharge of duty, despite investigation completion.
(i) Criminal petition rejected.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MAY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.2207/2022
BETWEEN:
SRI H.S. MANJU AGED 28 YEARS, S/O.H.S. SAIBABU @ BANDLI BABU, RESIDING AT NO 237, WARD NO.27, II STGE, IV BLOCK, 4TH CROSS, KUMARSWAMY LAYOUT, VIVEKANANDANAGARA RAMANAGARA TOWN-562 159. … PETITIONER
(BY SRI PARTHA SARATHY M., ADVOCATE)
AND:
STATE OF KARNATAKA BY RAMANAGARA RURAL POLICE, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560001. … RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.238/2021 REGISTERED BY RAMANAGARA RURAL POLICE STATION, RAMANAGARA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 323, 325, 364, 427, 342 R/W. SECTION 34 OF IPC.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused in Crime No.238/2021 of Ramanagara Rural Police Station, Ramanagara Rural Circle, Ramanagara, for the offences punishable under Sections 302, 323, 325, 364, 427 and 342 read with Section 34 of IPC.
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taken place i.e., on 29.10.2021 and accused Nos.2 to 3 were arrested on 02.11.2021 and this petitioner was arrested on 03.11.2021. The prosecution mainly relies upon the statement of C.W.13, who witnessed that this petitioner was present while kidnapping and now, investigation is completed and charge sheet is filed.
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injury on account of stab made by the deceased and hence, this petitioner along with other accused persons, kidnapped the deceased and committed murder and the eye witnesses i.e., C.Ws.11 to 17 have witnessed the incident of kidnapping the deceased and body was found on the next day and immediately after the kidnap, C.W.14 informed the wife of the deceased and the wife of the deceased gave an information to the police on the very same day and murder of the deceased was committed by dropping stone on the head. Hence, there is a prima facie material against the petitioner also, wherein the eye witnesses have witnessed the kidnap, even though not witnessed the committing of murder. Hence, the petitioner is not entitled for bail.
6. Having heard the respective counsel and also on
perusal of the material available on record, the case of the prosecution is that the motive for committing the murder is that the deceased had stabbed one Devaraju i.e., the relative of the accused persons. Hence, the victim was kidnapped in a car and the car also belongs to this petitioner and stands in the name of
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this petitioner and the statement of C.W.13 is particular that while kidnapping the victim, this petitioner was also present. The fact that C.W.14 also immediately after the kidnap informed the wife of the victim is not in dispute and thereafter, accused Nos.1 to 3 were apprehended on 02.11.2021 and this petitioner was apprehended on 03.11.2021. When the car belongs to this petitioner and he was very much present at the time of kidnapping the victim and body was found on the next day, it is not a fit case to exercise the discretion in favour of the petitioner and merely because, the investigation is completed and charge sheet is filed is not a ground to enlarge the petitioner on bail. Hence, I do not find any merit to exercise the discretion in favour of the petitioner.
7. In view of the discussions made above, I pass the
following:
ORDER
(i) The criminal petition is rejected.
Sd/JUDGE
ST
2 issues framed by the court
Whether the petitioner is entitled to bail under Section 439 Cr.P.C. in a murder case involving kidnapping and possession of the accused's vehicle.
Whether completion of investigation and filing of charge sheet constitutes a ground to enlarge the petitioner on bail.
1 provisions across 1 enactments
Sri H.S. Manju
State of Karnataka
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
