Regular bail petition by an accused charged under Sections 504 and 302 IPC in a murder arising from an assault on the deceased. Noting custody since April 2021, only three of twenty-eight witnesses examined who turned hostile, and absence of criminal antecedents, the High Court granted bail subject to conditions.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 11126 OF 2024
BETWEEN:
ANAND, SO LATE NANJUNDAPPA, AGED ABOUT 35 YEARS, R/AT C/O CHANDRAPPAS SHED, SINGAPURA MAIN ROAD, VIDYARANYAPURA, BANGALORE - 560 097.
…PETITIONER
Digitally signed by MAMATHA R Location: High Court of Karnataka
(BY SMT. SHIVAMMA D., ADVOCATE)
AND:
STATE OF KARNATAKA, STATE BY VIDYARANAYAPURA PS, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.
…RESPONDENT (BY SRI. M. DIWAKAR MADDUR, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.85/2021 OF VIDYARANYAPURA P.S., NOW IN SC.NO.1098/2021, FOR THE OFFENCES P/U/S 504 AND 302 OF IPC, PENDING BEFORE (CCH-46) 45th ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:46653 CRL.P No. 11126 of 2024
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused in S.C.No.1098/2021 pending before the Court of 45th Additional City Civil and Sessions Judge, Bengaluru arising out of Crime No.85/2021 registered by Vidyaranyapura Police Station, Bengaluru for offences punishable under Sections 504 and 302 of IPC is before this Court under Section 439 of Cr.P.C.
NC: 2024:KHC:46653 CRL.P No. 11126 of 2024
However, he fairly submits that petitioner has no other criminal antecedents.
NC: 2024:KHC:46653 CRL.P No. 11126 of 2024
ORDER
The petition is allowed .
The petitioner is directed to be enlarged on bail in S.C.No.1098/2021 pending before the Court of 45th Additional City Civil and Sessions Judge, Bengaluru arising out of Crime No.85/2021 registered by Vidyaranyapura Police Station,
NC: 2024:KHC:46653 CRL.P No. 11126 of 2024
Bengaluru for offences punishable under Sections 504 and 302
of IPC, subject to the following conditions:
a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off;
e) The petitioner shall not involve in similar offences in future.
Sd/-
(S VISHWAJITH SHETTY) JUDGE
GPG
List No.: 1 Sl No.: 38 CT: BHK
1 issue framed by the court
Whether the accused should be enlarged on regular bail in a murder case given prolonged incarceration and slow progress of trial.
5 provisions across 3 enactments
ANAND
STATE OF KARNATAKA, STATE BY VIDYARANAYAPURA PS
S VISHWAJITH SHETTY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
