The High Court of Karnataka allowed a bail petition filed under Section 439 Cr.P.C. by an accused person, granting release on bail subject to conditions due to parity with co-accused and completion of investigation.
Release of the petitioner on bail to the extent of execution of personal bond of Rs.2,00,000/- with two sureties for the likesum.
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.
CRL.P No. 5511 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5511 OF 2022
BETWEEN:
S/O LATE SHIVANNA AGED ABOUT 39 YEARS, R/O SHIVASHYLA NILAYA, 4TH CROSS V V NAGARA MANDYA CITY-571401 ( NOW IN JUDICIAL CUSTODY)
…PETITIONER
(BY SRI. KEMPARAJU, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: High Court of Karnataka
BY MANDYA WEST POLICE STATION, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALURU 560001
…RESPONDENT
(BY SMT.K.P.YASHODHA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.70/2021 OF MANDYA WEST P.S., FOR THE OFFENCE
CRL.P No. 5511 of 2022
P/U/S 143, 147, 148, 341, 342, 323, 324, 504, 506, 302 AND 201 R/W 149 OF IPC AND SECTION 75 OF JUVENILE JUSTICE ACT, PENDING ON THE FILE OF THE 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA IN S.C.NO.84/2021. THE C/c I ADDITIONAL DISTRICT AND SESSIONS JUDGE, IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA HAS REJECTED THE BAIL PETITION ON 11.04.2022 IN S.C.NO.84/2021.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel, Ms. Rakshakeerthana K., appearing for the petitioner and the learned HCGP, Smt. K.P. Yashodha appearing for the respondent and have perused the material on record.
would take this Court through the orders passed enlarging
CRL.P No. 5511 of 2022
accused Nos.7, 9, 10, 11, 13, 3 and 8 in the same crime and the order of the learned Sessions Court granting bail to enlarging accused Nos.15, 16 and 17 on bail.
follows:
"3. The case of the prosecution is that the complainant-Dilipakumar s/o Kalegowda, relative of the deceased-Darshan filed a complaint before the police on 15.04.2021 alleging that the deceased-Darshan fell in love with Manvitha-CW.2 and on 15.04.2021 in the night hours that CW.2 called the deceased to her house. Accordingly, he came to the house of CW.2 then she said to be locked the room of their parents and both of them were together in the room. On knowing the arrival of the deceased, C.W.2's parents came out there found the deceased was naked hiding under the cot and then he was caught redhanded by accused No.1 along with other accused persons who said to be assaulted him with bamboo sticks and assaulted the deceased. Subsequently, the parents of deceased shifted him to the hospital
CRL.P No. 5511 of 2022
but the deceased-Darshan succumbed to the injuries. Thereafter, the police have apprehended these petitioners and family members on 15.04.2021 and remanded to judicial custody. The petitioners-accused Nos.3 and 8 have moved bail petition before the Sessions Judge, which came to be rejected. Hence, the petitioners are before this Court.
4. Learned counsel for the petitioners strenuously contended that the petitioners are innocent of the alleged offences. They have been falsely implicated in the case. The petitioners are in custody for more than 7 months and they are ready to abide by any conditions that would be imposed by this Court. Hence, prayed for granting of bail.
5. Per contra, learned High Court Government Pleader seriously objected for granting of bail and contended that if the petitioners are released on bail, they may tamper the prosecution witnesses. Hence, prayed for dismissal of the bail petition.
6. Upon hearing the arguments of learned counsel for the petitioners, learned High Court Government Pleader and on perusal of the
CRL.P No. 5511 of 2022
records, it reveals that accused Nos.2, 7, 9 to 17 are already granted bail by this Court in Crl.P.No.7283/2021 dated 08.12.2021. All these petitioners said to be relatives of CW.2 who said to have committed suicide, subsequently when she was in Balamandir at Mandya. The investigation has been completed and the charge sheet is also filed. Nothing has been recovered from these petitioners. The allegations made against the co-accused persons are already enlarged on bail. Therefore, on the ground of parity these petitioners are also entitled for bail as the main accused No.1 who caused injuries said to be committed death of the deceased. Since the investigation is completed, the presence of the petitioners may not be required for further investigation. The petitioners are said to be permanent residents of the addresses mentioned above and fleeing away from justice does not arise. Therefore, without expressing any opinion on the merits of the case and by imposing stringent conditions, if petitionersaccused Nos. 3 and 8 are granted bail, no prejudice would be caused to the case of the prosecution.”
CRL.P No. 5511 of 2022
ORDER
The criminal petition is allowed .
The Trial/Committal Court is directed to release the petitioner-accused No.4 on bail in Crime No.70/2021 registered by the Mandya West Police Station, pending in S.C.No.84/2021 on the file the 1st Additional District and Sessions Judge, Mandya, for the offences punishable under Sections 143, 147, 148, 341, 342, 323, 324, 504, 506, 302, 149, 201 of the Indian Penal Code (for short 'IPC') and Section 75 of Juvenile Justice Act (care and protection of children), subject to the following conditions:-
CRL.P No. 5511 of 2022
If any of the conditions are violated, the prosecution is at liberty to file an application for cancellation of bail .
Sd/JUDGE
SJK
2 issues framed by the court
Whether the petitioner accused No.4 is entitled to be enlarged on bail in ongoing criminal proceedings.
Whether the petitioner qualifies for bail on the principle of parity given that other co-accused have been granted bail.
Colour shows how this judgement treated each authority
Crl.P.No.8964/2021 dated 10.12.2021Explained¶42
3 provisions across 3 enactments
Srikantaha s/o Late Shivanna
State of Karnataka
M. Nagaprashanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
