A second successive bail petition in a murder case was dismissed by a single judge of the Karnataka High Court. The bench held that it could not usurp the Trial Court's jurisdiction to appreciate evidence and found no grounds to release the accused given his ill-will and the nature of the charges.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL PETITION NO.4916 OF 2023
BETWEEN:
RAKSHITH @ D.K.RAKSHITH S/O NARAYANA BELCHADA AGED ABOUT 27 YEARS R/A BHAGAVATHI NILAYA MALI PAVOOR POST KASARAGOD KERALA-671323
…PETITIONER
(BY SRI RAVINDRA, ADVOCATE FOR SRI MELANIE SEBASTIAN, ADVOCATE)
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
AND:
THE STATE OF KARNATAKA BY ULLAL POLICE STATION DAKSHINA KANNADA DISTRICT REPRESENTED BY SPP HIGH COURT BUILDING BANGALORE-560001
…RESPONDENT
(BY SRI K NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.75/2020
(CR.NO.133/2019) OF ULLAL P.S, MANGALURU CITY FOR THE OFFENCE P/U/S 143, 147, 148, 120(B), 364, 302, 201 R/W 149 OF IPC AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for the State.
video-graphed the fiancée of this petitioner and hence, he is having motive to commit the murder of the victim and when the case is rest upon the circumstantial evidence and last seen witnesses i.e., CW2 and CW3 have seen this petitioner and apart from that recovery also made at the instance of this petitioner i.e., weapon, cloth and also mobile belongs to the deceased, no grounds are made out to grant bail to the petitioner.
sent to the FSL and hence, the petitioner may be enlarged on bail.
instance of this petitioner and also the counsel contend that PW17 who conducted the test identification parade also categorically deposed before the Court that CW2 has identified accused No.1 and hence, these are the materials has to be considered by the Trial Court and this Court cannot sit and decide the matter appreciating the evidence.
prosecution witnesses have turned hostile and though the some of the witnesses have turned hostile, the witnesses were also cross-examined by public prosecutor and PW17 who conducted the test identification parade deposes that CW2 has identified accused No.1 and also witnesses speak with regard to the recovery of the weapon which was used for committing the murder and when the FSL report is also awaited with regard to the conversation between the petitioner and the deceased and the mobile of the deceased is also seized at the instance of the present petitioner and when the discrepancy is found in sending the mobile to the FSL though IO says that he has not sent to the FSL but the documentary evidence discloses that mobile was sent to the FSL in the month of July 2021 itself and letter discloses that reminders also issued to the concerned FSL to send the report, the Trial Court has to appreciate and consider the matter on merits and this Court sitting under Section 439 of Cr.P.C. cannot usurp the jurisdiction of the Trial Court to appreciate the
NC: 2023:KHC:30212 CRL.P No. 4916 of 2023
evidence available on record. Hence, I do not find any
ground to enlarge the petitioner on bail.
ORDER
The bail petition is rejected.
Sd/JUDGE
SN
3 issues framed by the court
Whether the petitioner is entitled to enlargement on bail in a second successive application where witnesses are probed as hostile and FSL report awaits.
Whether the High Court can independently appreciate evidence or must leave evidentiary matters to the Trial Court.
Whether the existence of ill-will and motive makes the petitioner a fit and proper person to be released on bail.
1 provisions across 1 enactments
RAKSHITH @ D.K.RAKSHITH
THE STATE OF KARNATAKA
H.P.SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
