The court dismissed a bail petition filed by an accused charged with murder and concealment of body, denying bail due to the nature of the offence and prima facie circumstantial evidence.
Bail petition dismissed. Liberty reserved to file a similar petition before the Trial Court after examination of material witnesses.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 2337 OF 2024
BETWEEN:
SIDDAPPA S/O LATE ANKAPPA, AGED ABOUT 52 YEARS, R/AT GARANI VILLAGE, I.D. HALLI HOBLI, MADHUGIRI TALUK, TUMAKURU - 563 101.
…PETITIONER
(BY SRI. RAMESHA H.E, ADVOCATE)
AND:
STATE OF KARNATAKA BY MEDIGESHI POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.
Digitally signed by V KRISHNA Location: High Court of Karnataka
…RESPONDENT
(BY SRI. RAHUL RAI K, HCGP)
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.137/2021 OF MEDIGESHI P.S., TUMAKURU FOR THE OFFENCE P/U/S.201, 302 R/W SEC.34 OF IPC PENDING ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE TUMAKURU SITTING AT MADHUGIRI IN S.C.NO.5008/2022.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-accused is before this Court seeking grant of bail under Section 439 of Cr.P.C., in Crime No. 137/2021 of Medigeshi Police Station, pending in S.C.No.5008/2022 on the file of the learned IV Addl. District and Sessions Judge, Tumakuru, sitting at Madhugiri registered for the offences punishable under Sections 201 and 302 read with Section 34 of the Indian Penal Code (for short 'IPC') on the basis of the first information lodged by the informant-Sri. Ranjith.
“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
admittedly deceased is the wife of the petitioner and incident had taken place inside the house. There are strong Prima-facie circumstantial evidence against the petitioner. The matter is
pending before the Trial Court. Considering the nature and seriousness of the offence and also the fact that the complainant is the son of the petitioner, the petitioner is not entitled for grant of bail.
ORDER
The petition is dismissed.
At this stage, learned counsel for the petitioner seeks liberty to file similar petition before the Trial Court after examination of the material witnesses.
Liberty is reserved, as prayed for.
Sd/JUDGE
JS
List No.: 1 Sl No.: 15, CT: BHK
1 issue framed by the court
Whether the petitioner charged with murder and concealment of body is entitled to bail under Section 439 of Cr.P.C.?
2 provisions across 2 enactments
Siddappa S/o Late Ankappa
State of Karnataka
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
