This criminal bail petition was filed under Section 439 Cr.P.C. to enlarge the petitioner. The court found the case involved serious allegations including outraging modesty and running over children in a tractor. Considering the gravity of the offence and prima facie material, the petition was dismissed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO. 1087 OF 2024
BETWEEN:
SRI. SHIVAMURTHY, S/O CHIKKARAMANNA, AGED ABOUT 42 YEARS, RESIDING AT UCHANABHAVI, CHIKKAKALYA GRAMA, BAGINIGERE POST, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131.
…PETITIONER
(BY SRI. MANJUNATHA G, ADVOCATE)
AND:
Digitally signed by V KRISHNA Location: High Court of Karnataka
STATE OF KARNATAKA BY KUDUR POLICE STATION, RAMANAGARA DISTRICT - 561 101. REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 01.
…RESPONDENT
(BY SRI. K. NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.435/2023 OF KUDUR P.S., RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S 307, 354, 504, 506 OF IPC ON THE FILE OF THE HONBLE I ADDL. CIVIL JUDGE (JR.DN.) AND J.M.F.C MAGADI.
NC: 2024:KHC:10172 CRL.P No. 1087 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petition is filed under Section 439 of Cr.P.C. for enlarging the petitioner on bail in Kudur Police Station in Crime No. 435/2023 registered for the offences punishable under Sections 307,354,504 and 506 of IPC and pending on the file of First Additional Civil Judge(Jr. Dn) and JMFC Court, Magadi.
questioned and then petitioner chased the complainant by holding machet. Thereafter, he drove the tractor and chased the complainant and his wife and children in a tractor and ran over them. As a result, the children's of the complainant by name Pranith Gowda and Lishika suffered the grievous injuries and then the petitioner fled away from the spot. Then the complainant and his wife went to the Government Hospital, Kunigal, and later on they were shifted to Tumkur Government hospital and in this regard, a complaint came to be lodged.
NC: 2024:KHC:10172 CRL.P No. 1087 of 2024
NC: 2024:KHC:10172 CRL.P No. 1087 of 2024
of the offence, this is not a fit case and no discretion can be exercised in favour of the petitioner.
Hence, the petition stands dismissed.
Sd/JUDGE
RAK List No.: 1 Sl No.: 14 CT: BHK
2 issues framed by the court
Whether the petitioner is eligible to be granted bail in a case involving offences under Sections 307, 354, 504 and 506 of IPC.
Whether there is prima facie material against the petitioner considering the gravity of the offences charged.
1 provisions across 1 enactments
Sri. Shivamurthy
State of Karnataka
Rajendra Badamikal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
