Successive regular bail application by an accused in a daylight murder case before numerous witnesses. The court noted two prior bail rejections and allegations of witness threats from jail, held the case fell within the exception to the bail-is-the-rule principle, and dismissed the petition.
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NC: 2024:KHC:43804 CRL.P No. 11080 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 11080 OF 2024
BETWEEN:
PRAKASH @ NENI S/O LATE ARUMAI RAJA AGED ABOUT 44 YEASR R/AT NO. 806, 26TH CROSS L R NAGAR, ADUGODI VIVEKNAGARA POST BENGALURU - 563122.
…PETITIONER
(BY SRI. TIGADI VEERANNA GADIGEPPA.,ADVOCATE)
AND:
Digitally signed by HEMALATHA A
Location: HIGH COURT OF KARNATAKA
THE STATE OF KARNATAKA BY KORAMANGALA P S REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 560001.
…RESPONDENT
(BY SMT WAHEEDA M M, HCGP.)
THIS CRL.P FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PLEASED TO ENLARGE THE ACCUSED ON REGULAR BAIL IN S.C.NO.1416/2021 (CR.NO.156/2021) KORAMANGALA OFFENCE P/U/S143,145,147,148,120(B), 201,307,302,35 AND 37 R/W 149 OF IPC AND SEC.25(1) (1-B) 27(3) INDIAN ARMS ACT PENDING BEFORE THE LXVI ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:43804 CRL.P No. 11080 of 2024
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL ORDER
NC: 2024:KHC:43804 CRL.P No. 11080 of 2024
Crl.P.No.7531/2021, which was dismissed on 29.11.2021. Subsequently, they filed another petition in Crl.P.No.13269/2023 and connected matters, which were also dismissed on 26.03.2024. The petitioner has now filed the present petition.
dereliction of duty in providing a phone to the accused, enabling him to make threatening calls. As the prosecution evidence has commenced and the trial is under progress, the HCGP contended that granting bail to the petitioner would enable him to intimidate and murder the witnesses.
near his residence early in the morning, gathered information about his whereabouts, and informed the main accused persons. The petitioner talked to the deceased and updated the main accused, facilitating the murder. The accused chased the deceased, who escaped into a bank during daylight hours, followed by his wife. The deceased escaped and went inside the cabin of the Bank Manager. The accused broke the cabin's glass, entered, and committed the murder in front of bank employees and the Bank Manager. There are numerous eyewitnesses, CCTV footages and call record obtained by the Police. This establishes prima-facie evidence that the accused persons committed the murder of the deceased.
stating he would murder them upon release. A complaint has been registered by CCB Police in Crime No.55/2024 regarding the threat, which was sent through one Arumugam's mobile phone from jail. Consequently, the enquiry is also conducted by the trial Court and Police have been directed to provide proper protection to the witnesses until conclusion of the trial.
blooded murder committed by the accused in the presence of various eyewitnesses, including bank officials, the Bank Manager and the complainant. The petition is devoid of merits and liable to be dismissed.
(K.NATARAJAN) JUDGE
HA
List No.: 2 Sl No.: 4
2 issues framed by the court
Should the accused be enlarged on regular bail in a successive petition after two earlier bail rejections for a daylight murder?
Does the risk of witness intimidation from custody justify continued denial of bail?
3 provisions across 3 enactments
PRAKASH @ NENI S/O LATE ARUMAI RAJA
THE STATE OF KARNATAKA BY KORAMANGALA P S
K.NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
