This court granted bail to accused Nos.9 and 10 in a murder case under Section 439 Cr.P.C., holding their involvement depends on evidence for trial as no direct participation is alleged.
Petition allowed; accused ordered to be released on bail with a personal bond of Rs.1,00,000 and one surety.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE ANIL B KATTI
CRIMINAL PETITION NO. 100630 OF 2023 (439-)
BETWEEN:
Digitally signed by BHARATHI H M
Location: high court karnataka Dharwad bench
(BY SRI. B. ANWAR BASHA, ADVOCATE)
…PETITIONERS
AND:
THE STATE OF KARNATAKA (THROUGH COWL BAZAR 1 POLICE STATION), REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD-580001
…RESPONDENT
(BY SRI. PRAVEEN UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONERS/ACCUSED NO.9 AND 10 ON BAIL IN SC NO. 07/2023 IN CONNECTION WITH CRIME NO. 213/2022 REGISTERED IN COWL BAZAR POLICE STATION FOR THE OFFENCES U/S. 302, 120B, 201, 109, 341, 149 OF IPC, PENDING TRIAL OF THE CASE BEFORE THE IIND ADDL. DISTRICT AND SESSION JUDGE BALLARI.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners arrayed as accused Nos.9 and 10 are
seeking regular bail under Section 439 of Cr.P.C.
for the aforementioned offences. The investigating officer after completing the investigation has filed the charge sheet.
to the allegations against accused Nos.9 and 10.
have abetted accused Nos.2 and 3 for committing the murder of brother of complainant Manjunth.
by accused Nos.9 and 10 from CW-24 is with the knowledge that the said money would be used for contract killing of brother of complainant Manjunath is a matter of trial.
ORDER
Petition filed by petitioners/accused Nos.9 and
10 is allowed.
Petitioners/accused Nos.9 and 10 are ordered
to be released on bail in Crime No.213/2022 of Cowl Bazar Police Station, subject to following conditions:
in a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the trial Court.
ii) Petitioners shall produce their address proof documents and that of their surety subject to Police verification by the concerned Police station.
iii) Petitioners shall not indulge in tampering the prosecution witnesses directly or indirectly.
iv) Petitioners shall not leave the jurisdiction of the trial Court without it’s prior permission.
v) Petitioners shall attend the Court
proceedings on all the dates of hearing and
shall co-operate for the speedy disposal of the
case.
(Sd/-) JUDGE
HMB List No.: 1 Sl No.: 8
1 issue framed by the court
Whether the accused Nos.9 and 10 are entitled to bail given their alleged involvement in arranging payment for murder based mainly on statements of other accused.
1 provisions across 1 enactments
Prabhakar H S
Raghavendra G S
State of Karnataka
Anil B Katti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
