The High Court of Karnataka bench at Dharwad dismissed a criminal petition under Section 439 Cr.P.C. seeking regular bail in a murder case, holding the prayer could not be entertained due to assault on vital parts and chances of witness tampering.
No bail was granted; the petition was dismissed.
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: 2024:KHC-D:2831 CRL.P No. 100266 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100266 OF 2024 (439)
BETWEEN:
SHRI KIRAN S/O. SAVANTH PAWAR, AGE: 30 YEARS, OCC. COOLIE, R/O. INGALI VILLAGE, TQ. CHIKODI, DIST. BELAGAVI-591242.
…PETITIONER
(BY SRI SHIVARAJ S. BALLOLI, ADVOCATE)
AND:
THE STATE OF KARNATAKA THROUGH ANKALI POLICE STATION, BELAGAVI. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580001.
Digitally signed by SUJATA SUBHASH PAMMAR
Date: 2024.02.15 15:37:39 +0530
…RESPONDENT
(BY SRI T. P. MALIPATIL, AGA)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING TO RELEASE THE PETITIONER/ SOLE ACCUSED BY GRANTING REGULAR BAIL U/S 439 OF THE CR.P.C., 1973 IN SC.NO. 5079/2023 ON THE FILE OF THE VII ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT CHIKODI ARISING OUT OF CRIME NO.57/2023 OF ANKALI POLICE STATION, CHIKODI TALUKA, BELAGAVI DISTRICT FOR THE COMMISSION OF ALLEGED OFFENCES PUNISHABLE U/S 302, 504 AND 506 OF THE IPC 1860.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Accused in Sessions Case No.5079/2023 pending before the Court of VII Additional District and Sessions Judge, Belagavi sitting at Chikodi arising out of Crime No.57/2023 registered by Ankali Police Station, District Belagavi for the offences punishable under Sections 302, 504 and 506 of the IPC is before this Court under Section 439 of Cr.P.C.
the petitioner herein by Ankali Police Station, District Belagavi on the complaint of Sri Balakrishna Annasaheb Pawar initially for the offences punishable under Sections 326, 307, 504 and 506 of IPC. The injured Annasaheb R. Pawar who was admitted in the hospital, subsequently died in the hospital on 25.05.2023, thereafter offence punishable under Section 302 of IPC was invoked against the accused. Petitioner was arrested in the case on 25.06.2023 and remanded to judicial custody. Investigation in the case is completed and charge sheet
has been filed. Bail application filed by the petitioner before the Court of VII Additional District and Sessions Court Belagavi sitting at Chikodi in Criminal Miscellaneous No.5570/2023 was rejected on 02.11.2023. Therefore, he is before this Court.
in question, he has succumbed to his injuries and had died in the hospital on 25.05.2023. Since the petitioner has assaulted the injured on his head with the bamboo stick, it cannot be said that he had no intention to commit the murder of the injured and the assault was made on the vital parts of the body. Petitioner is a relative of the deceased and also his immediate neighbourer. Chances of he tampering the prosecution witnesses also cannot be lost sight of by this Court. Under the circumstances, I am of the view that at this stage petitioner’s prayer for grant of bail cannot be entertained. Accordingly, the following :
ORDER
Petition is dismissed.
Sd/JUDGE
ckk List No.: 1 Sl No.: 12
1 issue framed by the court
Whether bail should be granted in a case involving alleged murder after death of the injured during pendency of investigation.
3 provisions across 2 enactments
Shri Kiran
The State of Karnataka
S. Vishwaji Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
