Dismissed

Sisu Suren Alis Sisu v. the State of Karnataka

Karnataka HC19 Jun 2024CRL.P/1748/2024

Case brief

AI extract

What is this about?

Criminal Petition filed for bail under Section 439 Cr.P.C. in an attempt to murder case. Court dismissed the petition negating title to relief at this stage due to gravity of the offence and insufficient evidence despite counsel arguments.

What did the court decide?

Petition dismissed; liberty reserved to file similar petition before Trial Court after examination of material witnesses.

Sisu Suren Alis Sisu Vs the State of Karnataka — Bail and Remand | Karnataka HC (2024)

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1 - NC: 2024:KHC:21790 CRL.P No. 1748 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE M G UMA

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CRIMINAL PETITION NO.1748 OF 2024

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BETWEEN:

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SISU SUREN @ SISU S/O MATA SUREN AGED ABOUT 25 YEARS R/AT SLV LAYOUT, ALUR DASANAPURA HOBLI BENGALURU NORTH TALUK BENGALURU – 562162 (PRESENTLY IN J.C)

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…PETITIONER

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(BY SRI. NATARAJU T, ADVOCATE)

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AND:

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY MADANAYAKANAHALLI POLICE STATION BENGALURU NOW REPRESENTED BY S.P.P HIGH COURT BUILDING BENGALURU-560 001

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…RESPONDENT

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(BY SRI.RAHUL RAI K, HCGP)

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THIS CRIMINAL PETITION IS FILED U/SEC.439 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE

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2 - NC: 2024:KHC:21790 CRL.P No. 1748 of 2024

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PETITIONER ON BAIL IN S.C.NO.117/2021 (CR.NO.149/2021) OF MADANAYAKANAHALLY P.S., BENGALURU CITY FOR THE OFFENCE P/U/SEC.307 OF IPC ON THE FILE OF THE VIII ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT BENGALURU AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner- accused is before this Court seeking

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grant of bail under Section 439 of Cr.P.C. in Crime No.149/2021 of Madanayakanahalli Police Station, pending in S.C.No.117/2021 on the file of the learned VII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru registered for the offence punishable under Section 307 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the Informant – Siyam Suren.

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Heard Sri.Nataraju T, learned counsel for the

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petitioner and Sri.Rahul Rai K, learned High Court Government Pleader for the respondent -State. Perused the materials on record.

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NC: 2024:KHC:21790 CRL.P No. 1748 of 2024

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In view of the rival contentions urged by the

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learned counsel for both the parties, the point that would arise for my consideration is:

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“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”

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My answer to the above point is in ‘Negative’ for the following:

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R E A S O N S

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The petitioner being the sole accused is seeking grant of bail. He was apprehended on 22.03.2021 and since then, he is in judicial custody. C.W.2 states that the petitioner has assaulted C.Ws.1 and 2 with an intention to cause their death. The Wound Certificates disclose that both C.Ws.1 and 2 have sustained multiple stab injuries, which are grievous in nature. The prosecution has already examined three witnesses. Even though it is stated that

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two of them have turned hostile to the case of prosecution, they are only the mahazar witnesses. C.Ws.1

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NC: 2024:KHC:21790 CRL.P No. 1748 of 2024

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and 2 are injured, eye witnesses are yet to be examined. Considering the nature and seriousness of the offence, I

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am of the opinion that the petitioner is not entitled for any relief at this stage.

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Accordingly, I answer the above point in the

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negative and proceed to pass the following:

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ORDER

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The petition is dismissed.

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At this stage, learned counsel for the petitioner seeks

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liberty to file similar petition before the Trial Court after examination of the material witnesses.

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Liberty is reserved, as prayed for.

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Sd/JUDGE

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NBM

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List No.: 1 Sl No.: 4

Sisu Suren Alis Sisu v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sisu Suren Alis Sisu v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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