A successive bail petition filed by a wife and children of a deceased person under Section 438 CrPC for offences related to murder and concealing a murder was dismissed as the court found no change in circumstances compared to a previously rejected petition.
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NC: 2024:KHC-K:7769 CRL.P No. 201114 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 201114 OF 2024
BETWEEN:
Digitally signed by NANDINI MS Location: High Court of Karnataka
…PETITIONERS
(BY SRI ARUN CHOUDAPURKAR, ADV.)
NC: 2024:KHC-K:7769 CRL.P No. 201114 of 2024
AND:
…RESPONDENTS
(HCGP FOR R-1-ABSENT)
THIS CRL.P IS FILED U/S. 438 OF CR.P.C (OLD) / U/SEC. 482 OF BNSS ACT (NEW) PRAYING TO ALLOW THE BAIL PETITION AND ORDER FOR THEIR RELEASE ON BAIL IN CRIME NO. 93/2023 BY THE JALANAGAR POLICE STATION VIJAYAPURA FOR THE OFFENCES PUNISHABLE U/SEC. 302, 201 IPC, PENDING BEFORE THE III ADDL. CIVIL JUDGE (SR.DN.) AND JMFC VIJAYAPURA, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
Jalnagar Police Station, Vijayapura District, for the offences punishable under Sections 302, 201 read with 34 IPC, are before this Court in this successive petition filed under Section 438 of Cr.PC.
NC: 2024:KHC-K:7769 CRL.P No. 201114 of 2024
NC: 2024:KHC-K:7769 CRL.P No. 201114 of 2024
therefore, the successive petition is liable to be rejected. He submits that the material on record prima facie would go to show that the petitioners are involved in the alleged crime, and accordingly, prays to dismiss the petition.
and father of accused nos.2 & 3. The material on record would go to show that deceased and his wife and children were not in good terms and were frequently quarrelling with each other. On 10.12.2023, the first informant who is the relative of the deceased, was informed by accused no.3 that his father had slipped in the bathroom, suffered injury and died. The first informant had, therefore, asked accused no.1 to bring the dead body to Guntakal for the purpose of performing the last rites. The first informant having found some marks on the dead body, suspected foul play and after the body was buried, he had approached the police and submitted the first information, based on which, FIR in Crime No.93/2023 was registered against the petitioners. Subsequently, the dead body was exhumed and subjected to postmortem. The postmortem report revealed that death was due to asphyxia resulting from ligature strangulation associated with manual throtling.
NC: 2024:KHC-K:7769 CRL.P No. 201114 of 2024
7. Undisputedly, the death had taken place in the house of
the petitioners and they had brought the dead body to Guntakal for the purpose of performing the last rites. They had informed their relatives that deceased had fallen in the bathroom, suffered injury and died. The postmortem report reveals that death is homicidal. It is under these circumstances, the earlier petition filed by the petitioners in Crl.P.No.200212/2024 was rejected by this Court on 04.06.2024. No change in circumstance has been pointed out by the learned Counsel for the petitioners to entertain the successive bail petition. Under the circumstances, I am of the opinion that the petitioners are not entitled for the relief sought for in this successive petition. Accordingly, petition is dismissed.
Sd/(S VISHWAJITH SHETTY) JUDGE
KK
2 issues framed by the court
Whether anticipatory bail should be granted in a successive petition where no change in circumstances has been shown.
Whether the facts of death by ligature strangulation indicate involvement of the petitioners in murder and disposing of the body.
4 provisions across 3 enactments
N. RAISA BEGUM W/O SHAIKH ASIFULLA
KARISHMA SARTAJ D/O SHAIKH ASIFULLA
MD. TOUSIF RUMANULLA S/O SHAIKH ASIFULLA
THE STATE OF KARNATAKA
SHAIKH AZMATULLA S/O RAHAMATULLA
S. VISHWAJITH SHETTY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
