Bail under Section 439 Cr.P.C. sought by accused No.1 charged with murder after a bar quarrel and fatal knife stabbing. Court found strong prima facie material, eye witnesses, recovery of blood-stained knife, and rejected parity with co-accused given petitioner's overt act.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 247 OF 2024
BETWEEN:
JAIKUMAR @ JAIKUMAR S/O VINCENT, AGED ABOUT 29 YEARS, R/A NO 5, SHESHI RENTED HOUSE, ANJANAPPA BUILDING, NEAR ABDULS MADINA STORE, NAGAIAHNA PALYA, M.S. NAGAR POST, BENGALURU - 560 033.
…PETITIONER
(BY SRI. SRINIVAS M, ADVOCATE)
AND:
STATE BY INDIRANAGAR POLICE, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 01.
Digitally signed by V KRISHNA Location: High Court of Karnataka
…RESPONDENT
(BY SMT. K.P. YASHODHA, HCGP)
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.151/2022 REGISTERED BY INDIRANAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 341, 307, 302, 504, 506 R/W 34 OF IPC, PENDING ON THE FILE OF XXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-20) BENGALURU IN S.C.NO.2163/2022.
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. 151/2022 of Indiranagar Police Station, pending in S.C.No.2163/2022 on the file of the learned XXVI Addl. City Civil and Sessions Judge, Mayohall, Bengaluru (CCH-20) registered for the offences punishable under Sections 341, 307, 302, 504, 506 read with Section 34 of the Indian Penal Code (for short 'IPC') on the basis of the first information lodged by the informant - Sri. Prakash.
“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
were recovered at his instance, which were blood stained as per the FSL report. There are strong prima-facie materials against the petitioner for having committed the offence.
ORDER
The petition is dismissed.
Sd/JUDGE
JS, List No.: 1 Sl No.: 2, CT: BHK
1 issue framed by the court
Whether the accused in a Section 302 IPC stabbing case is entitled to bail under Section 439 Cr.P.C., including on grounds of parity with co-accused already enlarged?
2 provisions across 2 enactments
Jaikumar @ Jaikumar S/o Vincent
State by Indiranagar Police
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
