High Court allowed the bail petition of a murder accused. The court noted three witnesses turned hostile and custody exceeded three years. Bail granted on conditions including bond and sureties.
Petitioner accused released on bail on personal bond of Rs. 2,00,000/- with two sureties subject to specified conditions.
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:27900 CRL.P No. 5218 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 5218 OF 2023
BETWEEN:
STEEPHEN RAJU @ RAJU S/O SHASHIKUMAR AGED ABOUT 20 YEARS PRESENTLY AT NO.99/3, 5TH CROSS KADIRAPPA ROAD, COX TOWN DODDAGUNTE, BANGALORE-560037
PERMANANT AT NO 08, POLURAMMA SLUM COX TOWN, DODDAGUNTE BANGALORE-560037
…PETITIONER
(BY SRI. BASAVARAJU T A, ADVOCATE)
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
AND:
STATE OF KARNATAKA BY PULIKESHINAGAR POLICE STATION BANGALORE CITY REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR PUBLIC PROSECUTORS OFFICE AT HIGH COURT BUILDING HIGH COURT OF KARNATAKA AMBEDKAR VEEDI, AT BANGALORE-560001
…RESPONDENT
(BY SRI.P.THEJESH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.165/2020 OF PULIKESHINAGAR P.S., BENGALURU CITY FOR AN OFFENCE U/S 302 OF THE INDIAN PENAL CODE, WHICH IS PENDING ON THE FILE OF HON'BLE LVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT MAYOHALL, BANGALORE (CCH-58) IN SC NO.937/2020, ON SUCH TERMS AND CONDITIONS IN THE ENDS OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This successive bail petition is filed by the petitioner-
accused under Section 439 of Cr.P.C., for granting regular bail in Crime No.165/2020 registered by Pulakeshinagar Police Station, pending in S.C.No.937/2020 on the file of the LVII Additional City Civil and Sessions Judge at Mayohall, Bengaluru (CCH-58) and charge sheeted for the offence punishable under Section 302 of the Indian Penal Code (for short 'IPC').
by knife. Immediately, he went to the spot and shifted his son to the hospital where he was declared dead. Based on the complaint, the petitioner was arrested on 30.07.2020 and he was remanded to judicial custody. The petitioner had moved a bail petition before this Court, which came to be rejected. Hence, the petitioner-accused once again is before this Court.
NC: 2023:KHC:27900 CRL.P No. 5218 of 2023
witnesses to the incident i.e., CWs.2, 7 and 8. CW.2 who accompanied the deceased to the accused in order to justify that he has not stolen his vehicle, but this witness totally turned hostile. CW.8 who is another eye witness has also turned hostile. The daughter-in-law of CW.8 who is examined as PW.8 Bharathi has stated that she saw the accused and the deceased and that the accused was running away. In the cross-examination, she has totally turned hostile and has not supported the prosecution case.
more than three years, keeping the petitioner in custody will not serve any purpose. If the petitioner is granted bail by imposing certain conditions, no prejudice would be caused to the case of the prosecution. Hence, I pass the following:
ORDER
The Criminal Petition is allowed .
The concerned trial Court/Committal Court is directed to release the petitioner-accused on bail in Crime No.165/2020 registered by the Pulakeshinagar Police Station, pending in S.C.No.937/2020 on the file of the LVII Additional City Civil and Sessions Judge at Mayohall, Bengaluru (CCH-58) and charge sheeted for the offence punishable under Section 302 of IPC, subject to the following conditions;
NC: 2023:KHC:27900 CRL.P No. 5218 of 2023
Sd/JUDGE
CA List No.: 1 Sl No.: 3
1 issue framed by the court
Whether regular bail should be granted to the petitioner accused when prosecution witnesses have turned hostile and custody exceeds three years.
2 provisions across 2 enactments
Stephen Raju @ Raju
State of Karnataka
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
