Regular bail petition by accused No.1 in a murder case alleging conspiracy and fatal assault with a talwar on the deceased. The court found serious allegations, eyewitnesses and strong prima facie material, and dismissed the bail petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 304 OF 2024
BETWEEN:
MANJESHKUMAR R @ MANJESH @ AVALAHALLI MANJA, S/O LATE S. RAJU, AGED ABOUT 41 YEARS, R/AT NO.448, BEHIND URDU SCHOOL AVALAHALLI, ANJANAPURA POST, BANGALORE-560 062
…PETITIONER
(BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE)
AND:
Digitally signed by V KRISHNA Location: High Court of Karnataka
THE STATE, REPRESENTED BY THE STATION HOUSE OFFICER, KAGGALIPURA POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001
…RESPONDENT
(BY SMT. K.P. YASHODHA, HCGP)
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ALLOW THIS PRESENT PETITION AND ENLARGE THE PETITIONER ON BAIL IN CONNECTION WITH CR.NO.141/2020
DATED 08.07.2020 PERTAINING TO THE POLICE PERTAINING TO KAGGALIPURA POLICE STATION, FOR THE OFFENCE P/U/S 143, 147, 302, 148,149, 341 R/W SEC. 34 OF IPC NOW PENDING IN S.C.NO.149/2020 ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BENGALURU RURAL DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-accused No.1 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.141/2020 of Kaggalipura Police Station, pending on the file of the learned VII Additional District and Sessions Judge, Bengaluru Rural District, registered for the offences punishable under Section 143, 147, 302, 120B, 341 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC'), on the basis of the first information lodged by the informant viz., Shridhar G.N.
High Court Government Pleader for the respondent -State. Perused the materials on record.
learned counsel for both the parties, the point that would arise for my consideration is:
“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
He was arrested on 09.07.2020 and since then, he is in judicial custody. On the basis of the first information lodged by the brother-in-law of the deceased, FIR came to be registered against 8 to 10 unknown persons and after investigation, the charge sheet is filed. During investigation, the petitioner and other accused were
apprehended. The investigation is completed and charge sheet is filed.
negative and proceed to pass the following:
ORDER
The petition is dismissed.
Sd/JUDGE
SS List No.: 1 Sl No.: 6
1 issue framed by the court
Whether the petitioner-accused No.1 is entitled to grant of bail under Section 439 Cr.P.C. in a murder case with serious allegations and eyewitnesses?
2 provisions across 2 enactments
Manjeshkumar R @ Manjesh @ Avalahalli Manja
The State, represented by the Station House Officer, Kaggalipura Police Station
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
