High Court rejected a bail petition under Section 439 Cr.P.C. in a murder case, dismissing submissions regarding lack of sound circumstances due to positive FSL report linking the petitioner's seized weapon to the deceased.
Bail petition rejected; petitioner not enlarged.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.541/2022
BETWEEN:
NANDU KUMAR S/O MUNIRIK YADAV AGED ABOUT 31 YEARS R/AT BARKI GULNI VILLAGE DHYAMUL THANA, POST: HALIVASA MAHARAV POST, NAVADA DISTRTICT BIHAR-805 107. … PETITIONER
(BY SRI MUZAFFAR AHMED, ADVOCATE)
AND:
STATE BY MANGALORE NORTH P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001. … 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.05/2021 REGISTERED BY MANGALURU NORTH POLICE STATION, D.K.DISTRICT, MANGALURU (S.C.NO.113/2021 PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANGALURU, D.K.) FOR THE OFFENCES PUNISHABLE UNDER SECTION 302 R/W 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 No.1 in Crime No.5/2021 of Mangaluru North Police Station, Mangaluru City, for the offences punishable under Sections 302 with Section 34 of IPC.
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accused No.2 also joined his hands along with accused No.1. Hence, a case has been registered. The police have investigated the matter and filed the charge sheet.
Pleader appearing for the respondent - State would submit that the weapon which was used for committing the offence was seized and the same was sent to the FSL and the FSL report is also positive containing the ‘o’ group blood pertaining to the victim. Learned High Court Government Pleader appearing for
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the State would submit that accused No.2 and this petitioner were absconded from the date of the murder and he was apprehended on 17.04.2021, almost after 3½ months. When the FSL report is positive in respect of the weapon which has been recovered at the instance of this petitioner, it shows the strong circumstances against the petitioner herein.
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weapon which was used for committing the murder was recovered at the instance of this petitioner and it contains the blood of the deceased. Hence, there is a strong circumstance against the petitioner. Hence, it is not a fit case to exercise the discretion under Section 439 of Cr.P.C. in favour of the petitioner.
following:
ORDER
The bail petition is rejected.
Sd/JUDGE
cp*
1 issue framed by the court
Whether the High Court should exercise its discretionary power to enlarge the petitioner on bail in a murder case.
1 provisions across 1 enactments
Nandu Kumar
State
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
