The Single Bench in the High Court of Karnataka dismissed the bail petition of four accused facing charges under Sections 394 and 397 of IPC. The court held that the petitioners' criminal antecedents and the strong prima facie case disentitle them from bail.
The petition for bail was dismissed, and the petitioners remain in custody.
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 4TH DAY OF JULY, 2024 BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 4128 OF 2024
BETWEEN:
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA
…PETITIONERS (BY SRI.MEENAKSHI M.,ADVOCATE)
NC: 2024:KHC:25187 CRL.P No. 4128 of 2024
AND:
THE STATE OF KARANTAKA BY HIRIYURU RURAL POLICE REP BY GOVERNMENT PLEADER HIGH COURT COMPLEX BENGALURU - 01
…RESPONDENT
(BY SMT.YASHODHA K.P., HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.271/2023 OF HIRIYUR RURAL P.S., CHITRADURGA DISTRICT, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 394 AND 397 OF IPC, PENDING IN S.C. NO.128/2023 ON THE FILE OF PRL DISTRICT & SESSIONS JUDGE, CHITRADURGA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners-accused Nos.1 to 4 are before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.271/2023 of Hiriyur Rural Police Station, pending in S.C. No.128/2023 on the file of the learned Prl. District & Sessions Judge, Chitradurga, registered for the offences punishable under Sections 394 and 397 of the Indian Penal Code (for short
'IPC'), on the basis of the first information lodged by the informant - Rakesha Lavvashi.
“Whether the petitioner are entitled
for grant of bail under Section 439 of Cr.P.C.?”
following:
R E A S O N S
punishable under Sections 394 and 397 of IPC. During investigation, the petitioners were apprehended and the tyres, mobile & cash were recovered at their instance. It is stated that the Test Identification parade was conducted and the injured informant identified all the four accused. The wound certificate of the injured discloses that he sustained grievous injuries. After investigation, the charge sheet is filed, which makes out a strong prima facie material against the petitioners.
NC: 2024:KHC:25187 CRL.P No. 4128 of 2024
and proceed to pass the following:
O R D E R
The petition is dismissed .
Sd/JUDGE
GSS
List No.: 1 Sl No.: 14
3 issues framed by the court
Whether the petitioners are entitled for grant of bail under Section 439 of Cr.P.C.
Whether the criminal antecedents and nature of allegations disentitle the petitioners from releasing on bail.
Whether bail should be granted when the trial has already begun and strong prima facie material exists.
2 provisions across 2 enactments
DHYANESHWARA S/O BHAGVATH SHINDHE
BALAJI S/O BHEEM RAO
RAHUL LAL SHINDHE S/O LALA SHINDHE
RUHEE DAS S/O LALA SHINDHE
THE STATE OF KARNATAKA
M G UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
