High Court of Karnataka dismissed a successive petition under Section 439 CrPC seeking bail for a murder charge. The court held there were no changed circumstances, the offence was heinous, and release risked witness tampering.
Petitioner's prayer for bail under Section 439 CrPC rejected.
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:46513 CRL.P No. 11206 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL PETITION NO. 11206 OF 2023
BETWEEN:
SRI. VENKATESH @ CARPENTER VENKATESH, S/O LATE RAMAPPA, AGED ABOUT 56 YEARS, R/A NO. KARAHALLI VILLAGE, BANGARPET TALUK, KGF-563 114, AND ALSO R/A THAMMENAHALLI VILLAGE, BANGARPET TALUK, KGF-563 114.
…PETITIONER (BY SRI. ARUNA SHYAM, SR. COUNSEL FOR SRI. DAYANANDA .K.G, ADVOCATE)
AND:
Digitally THE STATE OF KARNATAKA, signed by SOWMYA D BY BANGARPET POLICE STATION, REPRESENTED BY Location: High Court SPECIAL PUBLIC PROSECUTOR, of Karnataka HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BANGALORE-560 001.
…RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.58/2022 OF BANGARPET P.S., K.G.F FOR THE OFFENCE P/U/S.323, 302,
NC: 2023:KHC:46513 CRL.P No. 11206 of 2023
307, 504 R/W 34 OF IPC PENDING ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR SITTING AT KGF IN S.C.NO.49/2022.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This criminal petition is filed under Section 439 of Code Of Criminal Procedure, 1973 seeking regular bail to the petitioner accused No.1 in Crime No.58/2022 of Bangarapet Police Station registered in S.C.No.49/2022 on the file of III Additional Sessions Judge, Kolar, sitting at KGF for the offences punishable under Sections 323, 302, 307 and 504 read with section 34 of Indian penal code, 1860.
that the complainant is the brother of the deceased Krishnamurthy. It is alleged that there was land dispute between the deceased and accused No.2 and on 18.02.2002, the deceased went to the court to appear for hearing of the case. While returning, accused Nos. 2 and 3 along with accused No.1 tried to attack one Munniyappa and he escaped. Subsequently, it is found that Muniyappa was found quarrelling with accused persons and deceased Krishnamurthy went there and tried to pacify the dispute . Then accused No.1 who is the present petitioner stabbed on the neck of the deceased causing fatal injuries. It is also alleged that when the complainant and his brother intervened, they were also assaulted by a machete and they suffered simple injuries also. According to the prosecution, the deceased was immediately shifted to hospital where in he was declared brought dead. As such, the complainant has lodged a complaint. The petitioner was arrested and remanded to judicial custody.
completed the investigation and submitted the charge sheet against the accused. Later on, the matter was committed to the sessions court and is registered in S.C. No.49/2022. After the submission of the chargesheet itself the petitioner has approached this court after exhausting his remedy before the Learned Sessions Judge, but this court has rejected the bail petition. Hence, he has now again approached this court after lapse of one year.
specifically given statement before the Investigating Officer regarding the overt act of the accused. In the earlier petition, all these grounds have been considered and in the present bail petition, no changed circumstances are forthcoming. Considering these facts and circumstances and gravity of the offence, this is not a fit case wherein the discretion can be exercised in favour of the petitioner and granting the bail as there is every possibility of he tampering the prosecution witness and jumping on bail.
reliance on an unreported coordinate bench decision of this court in criminal petition No.5491/2012 dated 14.06.2013 (ANIL KUMAR AND ANOTHER VS. STATE OF KARNATAKA), but the facts and circumstances are entirely different and the said principles cannot be applicable to the case in hand as it was based on TV footages but in the instant case, there are witnesses. As such, the citation will not come to the aid of the petitioner in anyway. As
NC: 2023:KHC:46513 CRL.P No. 11206 of 2023
such, the petition being devoid of merits does not survive for consideration and accordingly, it stands rejected.
Sd/JUDGE
SS List No.: 1 Sl No.: 2
3 issues framed by the court
Whether a second successive bail petition should be allowed where no changed circumstances exist and the defendant is accused of murder.
Whether delay in trial vitiates the demand for bail in a serious offensive case.
Whether the risk of tampering with prosecution witnesses precludes the grant of bail.
Colour shows how this judgement treated each authority
Anil Kumar and Another vs. State of KarnatakaDistinguished¶31
ANIL KUMAR AND ANOTHER VS. STATE OF KARNATAKA, Crl.P No.5491/2012, dated 14.06.2013
2 provisions across 2 enactments
Sri. Venkatesh @ Carpenter Venkatesh
The State of Karnataka
Rajendra Badamikar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
