The High Court dismissed the bail petition of the accused charged with murder. Finding strong prosecution evidence and a prior dismissal on merits, the Court held bail was not warranted.
Petition dismissed. Trial Court directed to expedite trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 3234 OF 2024
BETWEEN:
MOHAMMED ALEEM PASHA S/O. AZAM PASHA, AGED ABOUT 36 YEARS, NO.20, 1ST FLOOR, M.V. LANE, PARVATHI PUARAM, BANGALORE - 560 004.
…PETITIONER
Digitally signed by SWAPNA V Location: high court of karnataka
(BY SRI. RIAZ PASHA .K., ADVOCATE)
AND:
STATE OF KARNATAKA SHO, V.V. PURAM PS, BENGALURU CITY, REP. BY GOVT. PLEADER HIGH COURT, BENGALURU - 560 001.
…RESPONDENT
(BY SMT. K.P. YASHODHA, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.12/2021 OF VISHVESHWARAPURAM P.S., BANGALORE FOR THE OFFENCE P/U/S 302, 201 R/W 34 OF IPC, NOW PENDING ON THE FILE OF LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN S.C.NO.619/2021.
THIS CRL.P, 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.12/2021 of Vishvoshwarapuram Police Station, pending in SC.No.619/2021 on the file of the learned LXVI Addl. City Civil and Sessions Judge at Bengaluru registered for the offences punishable under Sections 302, 201 R/w Section 34 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Dr.Deepak M.R.
“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
deceased. It is stated that the machete used in the commission of offence is said to have been recovered at the instance of the petitioner. The gold ornaments of deceased was also recovered at the instance of the accused. CWs.3, 14 and 15 are said to be the circumstantial witnesses to connect the petitioner to the offence in question. Their statements under Section 164 of Cr.PC was recorded. Now it is stated that as many as 17 witnesses are examined before the trial Court. Except CWs.12 and 17, all other witnesses have fully supported the case of the prosecution. The appreciation of the evidence is to be done by the trial Court.
negative and proceed to pass the following:
ORDER
The petition is dismissed.
Trial Court is directed to expedite the trial, since the
petitioner is in judicial custody.
Sd/JUDGE
BH List No.: 1 Sl No.: 6
1 issue framed by the court
Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C. in this murder case?
2 provisions across 2 enactments
MOHAMMED ALEEM PASHA S/O. AZAM PASHA
STATE OF KARNATAKA
M G UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
