High Court granted bail to petitioner-accused No.2 in a murder case, noting lack of specific charge against him. Bail allowed on bond with conditions against tampering and appearance. Investigation complete.
Petitioner enlarged on bail on bond of ₹2,00,000 with two sureties, subject to conditions against tampering and appearance.
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.
CRL.P No. 3811 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 3811 OF 2023
BETWEEN:
RAJU K.S., S/O SOMASHEKAR, AGED ABOUT 31 YEARS, R/AT, DUDDA R.S, DUDDA HOBLI, HASSAN TALUK, HASSAN DISTRICT-34.
…PETITIONER
(BY SRI. PRATHEEP K.C., ADVOCATE)
AND:
Digitally signed by PAVITHRA N Location: High Court Of Karnataka
THE STATE OF KARNATAKA, REP BY HASSAN EXTENSION POLICE, HASSAN DISTRICT, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-01
…RESPONDENT
(BY SRI. H.S. SHANKAR, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE CR.NO.105/2022 REGISTERED IN HASSAN EXTN. POLICE STATION, HASSAN DISTRICT, FOR THE OFFENCE P/U/S 120B, 302, 341, 307, 34 OF IPC, PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSION JUDGE AT HASSAN DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
CRL.P No. 3811 of 2023
ORDER
The petitioner-accused No.2 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.105/2022 of Hassan Extension Police Station, Hassan, registered for the offences punishable under Sections 120B, 302, 341 and 307 read with Section 34 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant-Smt.Sudha.
against the petitioner. The main allegation is against accused No.1, who is said to have stabbed the deceased with knife, which resulted in his death. No such allegations are made against the petitioner. Learned counsel for the petitioner further produced the copy of the order dated 17.01.2023 passed in Crl.P.No.10328/2022, wherein accused No.5 against whom similar allegation is made is enlarged on bail. The present petitioner is also entitled for the benefit of parity with accused No.5. He is not having criminal antecedents. Since the investigation is already completed, detention of the petitioner in custody would amount to pre-trial punishment. The petitioner is the permanent resident of Dudda Hobli, Hassan Taluk, Hassan District and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.
Looking to the facts and circumstances of the case, the petitioner is not entitled for grant of bail. If the petitioner is granted bail, he may never turn up before the Investigating Officer and he may abscond or may commit similar offences, threaten or tamper the prosecution witnesses. Hence, he prays for dismissal of the petition.
learned counsel for both the parties, the point that would arise for my consideration is:
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in ‘Affirmative’ for the following:
R E A S O N S
scene of occurrence. Admittedly, the presence of the petitioner is not required for any purpose, except to ensure his presence before the trial Court. He is not having criminal antecedents. Hence, I am of the opinion that the petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the apprehension expressed by the learned High Court Government Pleader that the petitioner may abscond or may tamper or threaten the prosecution witnesses.
affirmative and proceed to pass the following:
ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No.105/2022 of Hassan Extension Police Station, Hassan, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:
CRL.P No. 3811 of 2023
If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.
On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.
Sd/JUDGE
PK List No.: 1 Sl No.: 139 CT:SNN
1 issue framed by the court
Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C. in alleged heinous offences?
1 provisions across 1 enactments
RAJU K.S.
STATE OF KARNATAKA
M G UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
