In a successive bail petition under Section 439 CrPC, the High Court rejected the plea for enlargement of bail. The court directed the trial court to conclude the trial by 31.10.2022 to meet the ends of justice.
Bail petition rejected; trial directed to be concluded on or before 31.10.2022.
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 10TH DAY OF AUGUST 2022
BEFORE
THE HON’BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION No.4931/2022
BETWEEN:
KENDAGANNA, SON OF N.MADASHETTY, AGED ABOUT 41 YEARS, RESIDING AT HEBBALAGUPPE VILLAGE, H.D.KOTE TALUK, MYSURU DISTRICT …PETITIONER
(BY SRI. MAHESHA M. AND SRI. N.R.KRISHNA PRASAD, ADVOCATES (PH))
AND:
STATE OF KARNATAKA, BY H.D.KOTE POLICE STATION, MYSURU DISTRICT, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560001 ... RESPONDENT (BY SRI. RAHUL RAI.K., HCGP, (PH))
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.No.143/2020 (CR.NO.20/2020) OF H.D.KOTE P.S., MYSURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 326, 498A, 307 OF IPC ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MYSURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS , THIS DAY, THE COURT MADE THE FOLLOWING:
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O R D E R
Heard Sri. Mahesh M, learned counsel for the petitioner and Sri.Rahul Rai.K., learned HCGP for respondent/State.
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therefore, the petitioner is entitled for the grant of bail and that is the changed circumstance. Hence, prays to allow the petition.
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Accordingly, the following:
ORDER
(i) Bail petition is rejected.
(ii) However, the trial court is directed to conclude the trial on or before 31.10.2022.
Sd/JUDGE
HJ
2 issues framed by the court
Whether grant of bail can be allowed despite edge of doubt against the petitioner in a serious offence case.
Whether success of trial can be considered as a changed circumstance for granting bail.
4 provisions across 2 enactments
Kendaganna
State of Karnataka
V. Shrishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
