This court dismissed a successive bail application filed under Section 439 Cr.P.C. refusing to grant liberty to move for bail pending hearing after eyewitness examination, despite prolonged custody.
Petitioner not granted liberty to apply for bail after examination of eyes witnesses.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR CRIMINAL PETITION NO. 9630 OF 2022
Between :
Prasanna. T.S. S/o Shivanna T.K. Aged about 34 years, R/at Thoppanahalli Kasaba Hobli, Maddur Taluk Mandya-571 428.
…Petitioner
(By Sri Vishnumurthy, Advocate)
And :
State of Karnataka by Maddur P.S. R/p by SPP, High Court of Karnataka Bangalore-560 001.
Digitally signed by C K LATHA Location: HIGH COURT OF KARNATAKA
…Respondent
(By Sri Tejas N., Advocate for Defacto Complainant; Sri Mahesh Shetty, HCGP for Respondent)
This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in S.C.No.65/2019 (Cr.No.444/2018 of Maddur P.S. for the offences under sections 143, 146, 148, 341, 302, 120-B, 201 R/w 149 of I.P.C., pending on the file of IV Addl. District & Sessions Judge, Mandya, in the interest of justice.
CRL.P No. 9630 of 2022
This petition coming on for orders, through video conferencing at Kalaburagi Bench this day, the Court made the following:
O R D E R
Heard Sri Vishnumurthy, learned counsel for the petitioner, Sri Tejas N., learned counsel for defacto complainant and learned Government Pleader Sri Mahesh Shetty.
CRL.P No. 9630 of 2022
SD/JUDGE
List No.: 19 Sl No.: 6
BL
2 issues framed by the court
Whether the petitioner is entitled to bail underlying the delay in the trial and parity with another accused.
Whether the petitioner can be granted liberty to move for bail after the examination of material witnesses.
Colour shows how this judgement treated each authority
Special Leave Petition No.6358/2021Referred¶21
2 provisions across 2 enactments
Prasanna. T.S.
State of Karnataka
Sreenivas Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
