Court dismissed a bail petition filed under Section 439 Cr.P.C. for murder and attempted murder offences. Relied on the principle that delay in trial is not relevant for bail in serious offences. Ordered expeditious trial.
Petition dismissed; Trial Court directed to conduct trial and dispose of the matter expeditiously.
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.8855/2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY 2022
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION No.8855/2021
BETWEEN :
BALA @ BALU S/O RAMAPPA AGED ABOUT 29 YEARS R/AT NO.247/1 1ST CROSS, AMBEDKAR NAGAR CHIKKABOMMASANDRA YELAHANKA NEW TOWN BENGALURU – 560 064 …PETITIONER
(BY SRI A.N.RADHA KRISHNA, AMICUS CURIAE)
AND :
STATE BY YELAHANKA NEW TOWN P.S. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 …RESPONDENT
(BY SRI SHANKAR H.S. HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.38/2018 CRIME NO.113/2017 OF YELAHANKA NEW TOWN POLICE STATION, BANGALORE REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 307, 302 OF IPC ON THE FILE OF THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
Crl.P.No.8855/2021
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O R D E R
Since the Registry has placed the records of Crl.P.No.6213/2020, office objections do not survive for further consideration and disposed of accordingly.
Crl.P.No.8855/2021
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Muniyappa, the petitioner assaulted him also, caused him grievous injuries and attempted to commit his murder.
Crl.P.No.6213/2020 was permitted to be withdrawn with leave to file petition after the eyewitnesses are examined. It is submitted that eyewitnesses are not yet examined. Therefore there are no changed circumstances.
The trial Court is hereby requested to conduct the trial and dispose of the matter as expeditiously as possible.
The Court places on record its appreciation for able assistance rendered by Sri A.N.Radha Krishna, learned
Crl.P.No.8855/2021
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Amicus Curiae. Registry is requested to pay him
remuneration of Rs.15,000/-.
Sd/JUDGE
KSR
2 issues framed by the court
Whether bail should be enlarged in a bail petition filed under Section 439 Cr.P.C. for offences under Sections 302 and 307 IPC.
Whether delay in trial alone constitutes a sufficient ground to grant bail in murder cases.
2 provisions across 2 enactments
BALA @ BALU
STATE
K.S.MUDAGAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
