The Karnataka High Court allowed the bail petition of the petitioner accused of offences under Sections 143, 147, 148, 302 IPC, pending in SC No. 315 of 2019, by granting bail in Rs. 2 lakhs subject to conditions after noting witness hostility.
Petitioner enlarged on bail by furnishing bond of Rs. 2,00,000 with two sureties subject to conditions.
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 01ST DAY OF JUNE, 2022
BEFORE
THE HON’BLE MRS.JUSTICE M.G. UMA
CRIMINAL PETITION NO.2825/2022
BETWEEN:
SRI. KIRANA @ KIRAN SON OF VEERAIAH AGED ABOUT 32 YEARS RESIDING AT #7, SETU CROSS UDAYA BADAVANE, MANGANAHALLI BANGALORE-571453
… PETITIONER
(BY SRI: SIDDAMALLAPPA P.M, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY BYADRAHALLI POLICE STATION REPRESENTED BY SPP GOVERNMENT OF KARNATAKA HIGH COURT BUILDING BANGALORE-560 001.
… RESPONDENT
(BY SRI: ROHIT, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.196/2019 OF BYADARAAHALLI POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS-143, 147, 148, 302, 120B, READ WITH, SECTION 149 OF INDIAN PENAL CODE PENDING
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IN S.C.NO.315/2019 ON THE FILE OF PRINCIPAL DISTRICT AND SESSION JUDGE, RURAL DISTRICT AT BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY THROUGH VIDEO CONFERENCE IN KALABURAGI BENCH, THE COURT PASSED THE FOLLOWING:
O R D E R
The petitioner-accused No.2 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.196 of 2019 of Byadarahalli Police Station, Ramanagara District, pending in SC No.315 of 2019 on the file of the Principal District and Sessions Judge, Bengaluru Rural District, Bengaluru registered for the offences punishable under Sections 143, 147, 148, 302, 120B read with Section 149 of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Ratnamma.
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falsely implicated in the matter without any basis. He was apprehended on 27.07.2019 and since then he is in judicial custody. The investigation is completed and the charge sheet is already filed. Similar petition was filed by the petitioner in Criminal Petition No.7078 of 2021 and the said petition came to be dismissed vide order dated 08.10.2021 on the ground that CWs.9, 10 and 11 are the material witnesses for the recovery mahazar, wherein, two blood stained longs were recovered at the instance of the present petitioner. After dismissal of the said petition, all these witnesses are examined and they have not supported the case of prosecution. Therefore, none of the witnesses examined by the prosecution have supported the contention of the prosecution. In view of the same, there is absolutely no material against the petitioner to allege the commission of offences. 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 for allowing of the petition.
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counsel for both the parties, the point that would arise for my consideration is:
"Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?"
My answer to the above point is in 'Affirmative' for the following:
REASONS
petitioner seeking similar relief of bail under Section 439 of Cr.P.C. It is contended in the said petition that PWs.1 to 7 are the material witnesses, but none of these witnesses have supported the case of prosecution. However, on going
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through the charge sheet, it is found that serious allegations are made against the petitioner and CWs.9, 10 and 11 are cited as mahazar witnesses to the recovery mahazar for having recovered two blood stained club at the instance of the present petitioner. Therefore, the petition was dismissed. Now the learned counsel for the petitioner produced the copy of depositions of CWs.9, 10 and 11 who are examined as PWs.8, 9 and 11. These witnesses have also not supported the case of prosecution and they have turned hostile. Under such circumstances, I am of the opinion that the petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the apprehension expressed by the learned High Court Government Pleader that the petitioner may abscond or may tamper or threaten the prosecution witnesses.
affirmative and proceed to pass the following:
ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No.196 of 2019 of Byadarahalli Police Station, Ramanagara
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District, pending in SC No.315 of 2019 on the file of the Principal District and Sessions Judge, Bengaluru Rural District, Bengaluru, on obtaining the bond in a sum of Rs.2,00,000/(Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:
If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.
On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial
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Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.
Sd/JUDGE
1 issue framed by the court
Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C. despite previous dismissal?
2 provisions across 2 enactments
Sri. Kirana @ Kiran
The State of Karnataka
M.G. Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
