Disposed

Kiran @ Bikku Kirana v. State by

Karnataka HC7 Jun 2022CRL.P/2691/2022

Case brief

AI extract

What is this about?

This criminal petition sought regular bail for the petitioner under Section 439 Cr.P.C in a murder and culpable homicide case. The High Court observed that prosecution witnesses did not support the case and the conviction would rely on circumstantial evidence. The petition was disposed of without granting bail, but the Trial Court was directed to conclude proceedings within four months.

What the court decided

AI extract

Kiran @ Bikku Kirana Vs State by — Murder and Culpable Homicide | Karnataka HC (2022)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 7^TH DAY OF JUNE, 2022

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE H.P. SANDESH

¶6

CRIMINAL PETITION NO.2691/2022

¶7

BETWEEN

¶8

KIRAN @ BIKKU KIRANA S/O NAGARAJA AGED ABOUT 26 YEARS R/O SAVALANGA ROAD 2^ND CROSS, NAVULE SHIVAMOGGA-577 201.

¶9

...PETITIONER

¶10

(BY SRI K.V.SATEESHCHANDRA, ADVOCATE)

¶11

AND

¶12

STATE BY SUB INSPECTOR POLICE VINOBANAGARA POLICE STATION SHIVAMOGGA-577 201 REP. BY STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT BUILDING BENGLAURU-560 001.

¶13

… RESPONDENT

¶14

(BY SRI MAHESH SHETTY, HCGP)

¶15

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.111/2020 OF VINOBANAGAR POLICE STATION, SHIVAMOGGA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 201, 302 READ WITH SECTION 34 OF IPC AND ETC.

¶16

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

¶17

¶18

O R D E R

¶19

This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.111/2020 of Vinobanagar Police Station, Shivamogga for the offences punishable under Sections 201, 302 read with Section 34 of IPC.

¶20

Heard the learned counsel for the petitioner and the

¶21

learned High Court Government Pleader appearing for the respondent-State.

¶22

The learned counsel for the petitioner would submit that some of the witnesses have been examined before the Trial Court but they have not supported the case of the prosecution and this Court already granted bail to accused No.2 and allegation against this petitioner is that there was a joint recovery at the instance of accused Nos.1 and 2.

¶23

Per contra, the learned High Court Government Pleader appearing for the State would submit that there are no eye-witnesses to the alleged incident and there was a recovery at the instance of this petitioner and this Court also enlarged accused No.2 on bail on the observation that the last seen of the

¶24

deceased is with the company of this petitioner and hence, it is

¶25

¶26

not a case to enlarge the petitioner on bail unless other witnesses have been examined and prayed to dismiss the petition.

¶27

Having heard the respective counsel appearing for the parties and also on perusal of the material available on record it discloses that no doubt PW1 to PW7 have examined before the Trial Court but they have not supported the case of the prosecution and the case is rest upon the circumstantial evidence in respect of the recovery is concerned and this Court cannot appreciate the evidence available on record. However, this Court can direct the Trial Court to dispose of the matter within a period of four months from today.

¶28

With this observation, the petition is disposed of. The Trial Court is directed to dispose of the matter within a period of four months from today. The Registry is directed to communicate this order to the Trial Court forthwith.

¶29

Sd/-

¶30

JUDGE

¶31

Kiran @ Bikku Kirana v. State by

Case brief

What is this about?

What the court decided

Kiran @ Bikku Kirana v. State by

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nithin Subbaiah B C Vs the State of Karnataka

Nayazulla Vs the State of Karnataka

Sri Shankara M Vs State of Karnataka

Salman @ Snoofi Vs State of Karnataka

Puneeth Kumar Vs State by

Vinod @ Bulli Vs the State of Karnataka