This bail petition sought enlargement under Section 439 CrPC in a robbery case involving IPC offences. The High Court dismissed the petition, holding that witness hostility and trial commencement were not changed circumstances applicable for bail.
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:46249 CRL.P No. 12147 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO. 12147 OF 2023
BETWEEN:
…PETITIONERS
Digitally signed by SOWMYA D Location: High Court of Karnataka
(BY SRI. GIREESHA .R.J, ADVOCATE)
AND:
STATE BY BHARAMASAGARA POLICE STATION, CHITRADURGA-577 522, REPRESENTED BY HCGP, HIGH COURT OF BUILDING, BENGALURU-560 001.
…RESPONDENT
(BY SRI. JAIRMA SIDDI, HCGP)
NC: 2023:KHC:46249 CRL.P No. 12147 of 2023
THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.8/2023 IN CR.NO. 201/2022 OF BHARAMASAGARA POLICE STATION, CHITRADURGA FOR THE OFFENCE P/U/S 395, 342, 504, 506 OF IPC, IN I ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners filed this petition under Section 439 of Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C' for short) for enlarging them on bail in Crime No.201/2022 of Bharamsagar Police Station registered for the offences punishable under Section 395, 342, 504 and 506 of Indian Penal Code, 1860 pending on the file of I Additional District and Sessions Judge, Chitradurga in S.C.No.8/2023 and S.C.No.23/2023.
wherein the complainant and other recovery mahazar witnesses have turned hostile. Hence, he would contend that the petitioner may be granted bail subject to terms and conditions to be imposed by this court.
NC: 2023:KHC:46249 CRL.P No. 12147 of 2023
on 27.06.2022 at about 3.40 a.m. near Bharamsagar Golarahatti, the complainant was driving the lorry bearing registration No.KA-06/AA-7627 loaded with Vimal Pan masala bags belonging to Siddi Agency in order to deliver the same to S.S.Traders at Davanagere. It is alleged that near Bharamsagara Golarahatti, a car has over taken the lorry and it is intimated / signed that the back door of the lorry was open. Considering this information, the complainant stopped the lorry and inspected the door, but it was found to be in tact. Suddenly, the four persons from car got down and surrounded the complainant and his hands and mouth were tied, then they have also threatened the driver who was sleeping in the lorry and his hands were tied and cello tape was pasted to their face. They were threatened by showing the knife and then they drove the lorry towards Bharamsagar village, near old P.B.Road. In Bharamsagar in front of a puncture shop, the lorry driven by the petitioner No.2 / accused No.7 came there and the goods which were loaded in the lorry of the
complainant were re-loaded to the lorry bearing registration No.KA-37-B-4045 brought by petitioner No.2 and thereafter, they all fled. It is further the case of the prosecution that the robbed goods were worth of Rs.18,60,375/- and the petitioner No.1 was driving the car and subsequently, both of them were apprehended and the material objects were recovered from them.
petition on bail in this case as no changed circumstances are forthcoming. The records further disclose that 2 bags containing Vimal Pan Masala packets worth of Rs.38,000/were recovered from the custody of the present petitioner and the charge sheet was later on submitted. Though it is submitted that mahazar witnesses have turned hostile and trial is in progress, but the hostility of mahazar witnesses cannot be a ground for admitting the petitioner on bail and it can be considered in other way also that the petitioners are capable of managing the witnesses even in their absence. Further, no changed circumstances were reported and granting the bail by coordinate bench or commencement of trial cannot be termed as changed circumstances.
recovered from the custody of the accused and 2 gunny bags along with 2 knives. Further 2 gunny bags were found to be containing the Vimal tobacco packets worth of Rs.53,882/- and the same was recovered from the custody of accused No.5 / petitioner No.1 herein. The hostility of mahazar witnesses cannot be taken note of at this juncture as the trial is in progress. Further, if the court expresses any opinion regarding merits of the case, it is likely to affect the trial also. Apart from that the Apex Court has held that the hostility of the mahazar witnesses cannot be a ground and the recovery can be proved even on the basis of the evidence of the Investigating Officer and that is required to be considered. Since, the matter is at the stage of trial, in my considered opinion, this is not a fit case wherein the discretion can be exercised at this juncture and the granting of bail to other accused cannot be termed as changed circumstances to apply the principles of ground of parity in the instant case.
Considering these facts and circumstances, the petition being devoid of any merits does not survive for consideration and accordingly, petition stands dismissed.
Sd/JUDGE
List No.: 1 Sl No.: 4
DS/SS
2 issues framed by the court
Whether the hostility of prosecution witnesses and commencement of trial amount to changed circumstances justifying bail.
Whether granting bail to co-accused by a coordinate bench constitutes a ground for parity in similar principles.
1 provisions across 1 enactments
Asif @ Ashasab
Ranganatha
State
Rajendra Badamikar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
