Sri. Biswajit Saha v. State of Karnataka
Case brief
What is this about?
This prayer for bail was filed under Section 439 Cr.P.C. in a murder case. The court rejected the petition, holding that the seized weapon and injury to the head establish a prima facie nexus, and bail grounds were insufficient despite the absence of motive. Liberty was reserved for successive application.
What did the court decide?
No bail granted. Criminal petition rejected. Liberty is reserved for successive application if circumstances change.
What the court decided
- 1 -
CRL.P No. 381 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 381 OF 2023
BETWEEN:
SRI. BISWAJIT SAHA S/O SANKAR SAHA AGED ABOUT 25 YEARS, NIRANJAN NAGAR COLONY (ANGSHIK) SILIGURI CORP, BHAKTINAGAR JALPAIGURI 734 006 WEST BENGAL
…PETITIONER
(BY SRI MUNISWAMY GOWDA S G, ADVOCATE)
AND:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
Issues for consideration
3 issues framed by the court
Whether the petitioner is entitled to enlargement on bail under Section 439 of the Cr.P.C. in a murder case involving serious head injuries and a recovered weapon.
Whether the collection of circumstantial evidence and the seized hammer establishes a prima facie nexus warranting rejection of bail.
Whether grounds relating to lack of motive or possibility of conviction under a lesser offense are sufficient to grant bail before the trial.
Parties & counsel
- petitioner
SRI. BISWAJIT SAHA
- respondent
STATE OF KARNATAKA
Coram
V SRISHANANDA
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · March
- Registered
- Case no.
- CRL.P/381/2023
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