Petitioner sought bail under Section 439 Cr.P.C. for offences of robbery and murder. Court dismissed petition, holding that hostility of one witness is not grounds for bail when prima facie materials exist.
Petitioner's bail petition dismissed; not entitled to be released on bail.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF NOVEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION NO.9337 OF 2022
BETWEEN:
Saddam Hussain @ Saddam S/o. Chand Pasha Aged about 20 years, R/at 1st Cross, Vijayalakshmi Hotel Road, Near Bilal Masjid Road, Tannery Road, Bengaluru-560001
…Petitioner
(By Sri Manoj S.N., Advocate)
AND:
State of Karnataka By Sampigehalli Police Now represented by SPP High Court Building, Bengaluru-560001.
…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.125/2019 registered by Sampigehalli Police Station, Bengaluru for the offence p/u/s 397, 302 and 201 read with 34 of IPC, pending before the LXVI Additional City Civil and Sessions Judge, Bengaluru in S.C.No.39/2020.
This Criminal Petition coming on for orders this day, the Court made the following:
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ORDER
This is the fourth attempt by the petitioner to come out of jail. His first application for bail, i.e., Crl.P.No.6682/2019 was dismissed for non prosecution on 21.11.2019. Second application i.e., Crl.P.No.2693/2020 was dismissed on 22.06.2020 and third application i.e., Crl.P.No.5430/2020 was dismissed on 17.11.2020.
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who is CW2 has turned hostile. The prosecution has not been able to secure presence of the other witnesses. The petitioner has been in jail for the last 3 years and therefore he may be released on bail by subjecting him to any stringent conditions.
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petitioner on bail. Hostility of one witness cannot be considered. Therefore petition is dismissed .
Sd/JUDGE
Kmv/-
3 issues framed by the court
Whether the petitioner is entitled to bail despite one prosecution witness turning hostile during the trial.
Whether hostility of one witness constitutes a changed circumstance warranting release from jail.
Whether prima-facie materials are forgoing against the petitioner in a trial for murder and robbery.
2 provisions across 2 enactments
Saddam Hussain
State of Karnataka
SREENIVAS HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
