Criminal petition filed for regular bail in a murder case. Court found no need for custodial investigation as charge sheet filed and co-accused on bail. Bail granted with personal bond and conditions.
Petitioner released on bail subject to personal bond of Rs. 2,00,000 with two sureties and other standard 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 4TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.7355/2021
BETWEEN:
SMT. NAGAMANI W/O LATE RAVI AGED ABOUT 24 YEARS R/AT JAKKAREDDIPALLI VILLAGE KAMBADURU MANDALAM KALYANADURGA TALUK ANANTAPURA DISTRICT ANDHRA PRADESH – 515 765
… PETITIONER
(BY SMT. SIRI RAJASHEKAR, ADVOCATE FOR SRI SARAVANA S, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY Y.N. HOSAKOTE POLICE STATION THIRUMANI CIRCLE PAVAGADA TALUK TUMKUR DISTRICT – 572 141 REP. BY ITS SPP HIGH COURT OF KARNATAKA BUILDING BENGALURU – 560 001
… RESPONDENT
(BY SRI KRISHNA KUMAR, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.98/2020 FOR THE OFFENCES PUNISHABLE UNDER SECTION 302, 201 OF IPC (S.C.NO.5030/2021) PENDING BEFORE THE TRIAL COURT AT MADHUGIRI) OF RESPONDENT Y.N.HOSAKOTE POLICE STATION FOR THE ALLEGED CHARGE SHEET OFFENCES UNDER SECTION 177, 120(B), 201, 109, 34 OF IPC AND ETC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.98/2020 of Y.N.Hosakote Police Station, Thirumani Circle for the offences punishable under Sections 109, 302, 201, 120B, 177 read with Section 34 of IPC.
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course of the investigation, the Investigating Officer invoked Section 120B of IPC against this petitioner on the ground that she has conspired with accused No.1 and also caused abetment in committing the murder and also destroyed the SIM card. Based on the complaint, case was registered, investigated and filed the charge sheet for the aforesaid offences.
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material against this petitioner and prayed to dismiss the petition.
perusal of the material on record it discloses that the charges leveled against this petitioner is that she has conspired with accused No.1 and also destroyed the evidence and the same has to be proved by examining the witnesses during the course of the trial. In the present case, investigation has been completed and charge sheet also filed and hence, the petitioner is not necessary for the custodial investigation and accused Nos.1 and 3 have also already been enlarged on bail. Hence, it is a fit case to exercise the discretion in favour of the petitioner.
ORDER
The petition is allowed. Consequently, the
petitioner/accused No.4 shall be released on bail in connection with Crime No.98/2020 of Y.N.Hosakote Police Station, Thirumani Circle registered for the offences punishable under
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Sections 109, 302, 201, 120B, 177 read with Section 34 of IPC, subject to the following conditions:
Sd/JUDGE
SN
3 issues framed by the court
Whether the court should enlarge the petitioner on bail in a murder case where investigation is complete and other accused are on bail.
Whether the charges of conspiracy and destruction of evidence require custodial investigation given the status of co-accused.
Whether the material on record is sufficient to deny bail to the petitioner without examining witnesses.
7 provisions across 2 enactments
Smt. Nagamani w/o Late Ravi
The State of Karnataka
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
