Criminal bail petition for offences including murder. Court examined FSL report on seized blood-stained clothes and eyewitness evidence held sufficient grounds to reject bail in a heinous murder case.
Bail petition rejected.
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CRL.P No. 915 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL PETITION NO. 915 OF 2023
BETWEEN:
…PETITIONER (BY SRI. KUMARA K.G., ADVOCATE)
AND:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
BY KAGGALIPURA POLICE STATION BENGALURU RURAL DISTRICT BENGALURU-560 061
REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001
…RESPONDENT
(BY SRI. H.S.SHANKAR, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.141/2020 OF KAGGALIPURA P.S., RAMANAGARA DISTRICT FOR THE OFFENCES P/U/Ss.143, 147, 148, 341, 302, 120B R/W 149 OF IPC ON THE FILE OF VII ADDL. DISTRICT
CRL.P No. 915 of 2023
AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN S.C.NO.149/2020.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 439 of Cr.P.C., seeking
regular bail of the petitioner/accused No.4 in Crime No.141/2020 of Kaggalipura Police Station, Ramanagara District, for the offences punishable under Sections 143, 147, 148, 341, 302, 34, 120(B) read with Section 149 of IPC.
CRL.P No. 915 of 2023
Vinod Kumar and the same is also positive. The FSL made a note that article 18 is ‘T’ shirt, when the same was opened for examination, it found one shirt. There is a discrepancy in seizure of T shirt of the victim. Hence, the petitioner may be enlarged on bail.
who are the eye witnesses and made the statement that they witnessed the incident. It is also observed that when the petitioner was apprehended and after their arrest the blood stained clothes of this petitioner and other petitioners were also seized and the FSL report was awaited. Hence, a liberty was given to the petitioners to approach this Court after receipt of the FSL report. When the FSL report is received and the same is positive with regard to the clothes of this petitioner is concerned that the same are stained with blood and the very discrepancy with regard to the seizure of the clothes belongs to the victim that whether ‘T’ shirt or shift, is a matter of trial. The other clothes viz., pant and underwear of the victim are also stained with blood stains. Hence, I do not find any ground to enlarge the petitioner on bail in a case of heinous offence of committing the murder when the offence is invoked under Section 302 of IPC and C.Ws.2 to 5 are the eye witnesses to the incident, the blood stained clothes of this petitioner was seized, the FSL report is positive and also not made out any ground to enlarge the petitioner on bail in a successive bail petition.
CRL.P No. 915 of 2023
following:
ORDER
The petition is rejected.
Sd/JUDGE
CP List No.: 1 Sl No.: 61
1 issue framed by the court
Whether the petitioner is entitled to be enlarged on bail in a murder case given positive FSL report on blood-stained clothes and eyewitness testimony.
2 provisions across 2 enactments
Naveen @ Smile
State of Karnataka
H.P.Sanđesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
