A murder accused sought regular bail under Section 439 Cr.P.C. pending sessions trial. With the charge framed and informant partly examined and eyewitnesses yet to be examined, the court found the seriousness of the offence weighed against release and dismissed the petition.
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NC: 2024:KHC:25135 CRL.P No. 1367 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO.1367 OF 2024
BETWEEN:
SARAVANAN S/O. LATE MURUGESHAN AGED ABOUT 33 YEARS RESIDING AT NO.29, 5TH CROSS NAVODAYANAGARA, J. P. NAGAR, 7TH PHASE BENGALURU - 560 078.
…PETITIONER
(BY SRI PRASANNA RAO R., ADVOCATE)
AND:
STATE BY PUTTENAHALLI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001.
…RESPONDENT
(BY SMT. YASHODHA K. P., H.C.G.P.)
Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C. NO.208 OF 2023 (CRIME NO.273 OF 2022) OF PUTTENAHALLI POLICE STATION, BENGALURU, FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF THE IPC, PENDING ON THE FILE OF THE LX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:25135 CRL.P No. 1367 of 2024
O R D E R
The petitioner-accused is before this Court seeking
grant of bail under Section 439 of the Code of Criminal Procedure, 1973, (for short, 'Cr.P.C.') in Crime No.273 of 2022 of Puttenahalli Police Station, Bengaluru, pending in Sessions Case No.208 of 2023 on the file of the learned LX Additional City Civil and Sessions Judge (CCH-61), Bengaluru, registered for the offences punishable under Section 302 of the Indian Penal Code, 1860 (for short, 'IPC'), on the basis of the first information lodged by the informant, Smt. Uma.
the petitioner and Smt. Yashodha K.P., learned High Court Government Pleader for the respondent-State. Perused the materials on record.
learned counsel for both the parties, the point that would arise for my consideration is:
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in ‘Negative' for the
following:
R E A S O N S
bail. He was apprehended on 22-10-2022 and since then, he is in judicial custody.
two witnesses are cited in the charge-sheet. Now, the charge is already framed before the trial Court and the informant is partly examined. It is stated that CWs.2, 15
to 19 and 21 are cited as the eyewitnesses to the incident. Considering the nature and seriousness of the offence, I
NC: 2024:KHC:25135 CRL.P No. 1367 of 2024
am of the opinion that the petitioner is not entitled for
grant of bail, at this stage.
negative and proceed to pass the following:
O R D E R
The petition is dismissed .
Sd/JUDGE
KVK List No.: 1 Sl No.: 4
1 issue framed by the court
Whether the petitioner-accused is entitled to grant of bail under Section 439 Cr.P.C. in a Section 302 IPC case at the stage of part-heard trial?
2 provisions across 2 enactments
Saravanan S/o. Late Murugeshan
State by Puttenahalli Police Station represented by State Public Prosecutor
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
