Accused no.1 in a murder case sought bail under Section 439 Cr.P.C. after over two and a half years in custody with the trial not commenced and co-accused already enlarged on bail. Considering the single stab injury alleged and prolonged incarceration, the High Court granted regular bail subject to conditions.
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NC: 2024:KHC:41644 CRL.P No. 1929 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 1929 OF 2023
BETWEEN:
PRAMODA V.M S/O MANJUNATHA V.M AGED ABOUT 22 YEARS R/O LAXMIKANTHANA HALLI VASTARE HOBLI, CHIKKAMAGALURUU DIST, PIN CODE - 577 101.
…PETITIONER
(BY SRI MOHAN D.,ADVOCATE)
AND:
Digitally signed by NANDINI MS Location: High Court of Karnataka
STATE OF KARNATAKA CHIKKAMGALURU TOWN POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 01.
…RESPONDENT
(BY SRI RAHUL RAI K, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE CR.NO.66/2022 REGISTERED CHICKMAGALUR POLICE STATION,CHICKMAGALURU DISTRICT FOR THE OFFENCE U/S 504, 302, 120, 35 R/W 34 OF IPC, PENDING ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
thereafter left the spot in a two-wheeler along with juvenile accused nos.2 & 3. Immediately thereafter, CW-1 and CW-17 shifted Druvaraj Urs to a Government Hospital, but Druvaraj Urs died in the hospital while undergoing treatment. Petitioner who was arrested in the present case on 05.04.2022 is in custody for the last 2 1/2 years. It is not in dispute that accused nos.2 to 4 have been already enlarged on bail in the present case. It is also not in dispute that deceased has suffered only one stab injury.
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of
NC: 2024:KHC:41644 CRL.P No. 1929 of 2023
the said Court until the case registered against him is disposed off.
SD/(S VISHWAJITH SHETTY) JUDGE
KK
1 issue framed by the court
Whether a regular bail should be granted to accused no.1 in a murder case after over 2.5 years of custody with trial yet to commence.
2 provisions across 2 enactments
Pramoda V.M
State of Karnataka (Chikkamagaluru Town Police Station)
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
