The High Court of Karnataka rejected a bail petition filed under Section 439 Cr.P.C. for murder and unnatural death. With FSL report awaited and prosecution witnesses identifying the accused, bail was denied.
The bail petition filed under Section 439 Cr.P.C. was rejected.
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 19TH DAY OF JANUARY, 2022
BEFORE
THE HON’BLE MR.JUSTICE H P SANDESH
CRIMINAL PETITION NO.34/2022
BETWEEN:
SRI RAMANJI S/O NARAYANAPPA AGED ABOUT 45 YEARS R/AT VATADAHOSAHALLI VILLAGE GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT PIN-561221.
... PETITIONER
(By SRI MANJUNATHA A.C, ADV.)
AND:
STATE OF KARNATAKA BY GOWRIBIDANUR RURAL POLICE STATION CHIKKABALLAPURA DISTRICT PIN-561221 REP. BY GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BENGALURU-560001.
... RESPONDENT
(BY SRI KRISHNA KUMAR K.K., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.63/2021 OF GOWRIBIDANUR RURAL P.S., CHICKBALLAPURA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 201, 302 R/W SECTION 363 OF IPC AND IN S.C.NO.91/2021 ON THE FILE OF THE LEARNED PRINCIPAL DISTRICT AND
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SESSIONS JUDGE, CHIKKABALLAPURA VIDE ANNEXURE-E.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and
the learned HCGP appearing for the respondent-State.
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of the petitioner and police after investigation have filed charge sheet against the petitioner.
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CW.3 also gave statement that the petitioner was carrying plastic bag in his two wheeler on 16-03-2021 when he was grazing sheep. Hence he is not entitled to bail.
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the same is awaited and body was found almost 15 days of committing the murder and skull was seized. When the FSL report is not yet received, at this juncture, this is not a fit case to exercise discretion in favour of the petitioner even though the case rests on circumstantial evidence and there is a recovery of wire which was used for strangulation. Hence, the petitioner has not made
out any ground to enlarge him on bail.
In view of the discussion made above, I pass the
following:-
ORDER
Bail Petition is rejected.
Sd/JUDGE
Rsk/
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving murder of a minor
4 provisions across 4 enactments
Sri RamANJI S/O Narayanappa
State of Karnataka
H P Sandesh
Justice Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
