In a successive bail application under Section 439 Cr.P.C. in a murder case, the High Court of Karnataka dismissed the petition as no new grounds were made out, rejecting arguments regarding investigation lapses as matters for trial.
The criminal petition seeking bail was dismissed.
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.
NC: 2023:KHC-D:8566 CRL.P No. 101343 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 101343 OF 2023
BETWEEN:
YERISWAMY S/O LATE VEERABHADRAPPA AGED ABOUT 40 YEARS R/O 323RD DAM ROAD AGASARAPETE, HOSAPETE VIJAYANAGAR DISTRICT.
…PETITIONER
Digitally signed by SHIVAKUMAR SHIVAKUMAR HIREMATH HIREMATH Date: 2023.08.19 13:54:05 +0530
(BY SRI KULKARNI SHRINATH GURURAJ, ADVOCATE)
AND:
STATE OF KARNATAKA BY HOSAPETE TOWN POLICE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING DHARWAD – 580 011.
…RESPONDENT
(BY SRI PRASHANT V MOGALI, HCGP – V.C)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. SEEKING TO ENLARGE THE ABOVE PETITIONER (ACCUSED NO.1) ON BAIL IN CRIME No.42/2022 (NOW SC No. 5053/2022), OF HOSAPETE TOWN POLICE STATION FOR THE ALLEGED OFFENCE PNISHABLE UNDER SECTIONS 302, 323, AND 34 OF IPC PENDING ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JDUGE BALLARI. (SITTING AT HOSAPETE).
NC: 2023:KHC-D:8566 CRL.P No. 101343 of 2023
THIS PETITION COMING ON FOR ORDERS THIS DAY THROUGH VIDEO CONFERENCING AT BENGALURU, THE COURT MADE THE FOLLOWING:
ORDER
accused No.1 under Section 439 of Cr.P.C, seeking bail in Crime No.42/2022 of Hospet Town Police Station registered for the offences punishable under Sections 302 and 323 r/w Section 34 of the Indian Penal Code, 1860 (for short hereinafter referred to as ‘IPC’), pending in S.C.No.5053/2022, on the file of III Additional District and Sessions Judge, Hospet.
persons and he was being shifted to the Civil Hospital. Immediately after receiving the information, the complainant rushed to the hospital to see his brother. The Doctor informed the complainant that, his brother is dead. The complainant suspecting the foul of some miscreants due to financial transactions, suspecting that they might have committed the murder of his brother, filed a complaint which came to be registered in Crime No.42/2022 of Hospet police station for the offence punishable under Section 302 of IPC.
III Additional District and Sessions Judge, Ballari, sitting at Hospet by order dated 18.08.2022.
mortem. Even the alleged eye witness – CW17 had alleged to have drunk 2 quarter of liquor prior to the time of the incident. The CCTV footages collected has seven minutes back timing and the Investigating Officer has not collected the DVR, has not furnished 65B Certificate. The alleged knife was seized at the instance of this petitioner – accused No.1 from his Pulsar Bike tool kit, but the Investigating Officer has not seized the tool box. Therefore, giving benefit of doubt, the petitioner – accused No.1 is entitled for grant of bail. With this he, prayed to allow the petition.
petition and they are the matter of trial. With this, he prayed to dismiss the petition.
assault by him with knife on the deceased. The petitioner has produced the knife from the tool box of his Pulsar bike and the Investigating officer has seized it under the mahazar. There is no necessity for seizing the tool box of the bike as contended by the learned counsel for the petitioner.
(Sd/-) JUDGE
GH
List No.: 19 Sl No.: 2
1 issue framed by the court
Whether the petitioner is entitled to bail in a successive petition considering the existence of a prima facie case, threat to witnesses, and inability to make out new grounds.
2 provisions across 2 enactments
Yeriswamy S/o Late Veerabhadrappa
State of Karnataka
Shivashankar Amannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
