Accused No.4 in a murder case sought regular bail; no eyewitnesses or recovery at his instance, and a similarly placed accused was already released on bail. The High Court granted bail on parity with conditions including bonds and sureties.
Petitioner enlarged on bail on bond of Rs.2,00,000 with two like sum sureties, subject to conditions.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 5316 OF 2024
BETWEEN:
SHASHI KUMAR S N S/O. NAYANAPPA, AGED ABOUT 31 YEARS, RESIDING AT SAMPANGERE VILLAGE, ALAMBADI POST, LAKKURU HOBLI, MALUR TALUK, KOLAR DISTRICT-563 130.
…PETITIONER
(BY SRI. NITHIN GOWDA K.C., ADVOCATE FOR SRI.PRASANNA KUMAR P.,ADVOCATE)
AND:
Digitally signed by ANUSHA V Location: High Court of Karnataka
STATE OF KARNATAKA BY SARJAPURA POLICE STATIN, ANEKAL TALUK, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001.
…RESPONDENT (BY SRI.K.NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN C.C.NO.81/2024 (CR.NO.365/2023) OF SARJAPURA P.S., BENGALURU CITY FOR THE OFFENCE P/U/ SECTIONS 302, 120B, 201 OF IPC ON THE
NC: 2024:KHC:38304 CRL.P No. 5316 of 2024
FILE OF THE LEARNED PRL.CIVIL JUDGE AND J.M.F.C. AT ANEKALTHE C/C III ADDITIONAL DISTRICT AND SESSIONS JUDGE, ANEKAL HAS REJECTED THE BAIL PETITION ON 27.04.2024 IN CRL.MISC.NO.5089/2024
THIS PETITION IS COMING ON FOR ORDERS , THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
The petitioner-accused No.4 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.365/2023 of Sarjapura Police Station, Anekal, pending in C.C.No.81/2024 on the file of the learned Principal Civil Judge & JMFC, Anekal, registered for the offences punishable under Sections 302, 201, 120B of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant-Kiran.
NC: 2024:KHC:38304 CRL.P No. 5316 of 2024
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 ‘Affirmative’ for the following:
R E A S O N S
NC: 2024:KHC:38304 CRL.P No. 5316 of 2024
objected by the deceased. Therefore, accused Nos.2 and 3 were having motive to cause death of the deceased. They engaged the services of accused Nos.1 and 4 by promising to pay supari of Rs.2 to 3 Lakhs.
made, is already enlarged on bail by this court vide order dated
03.09.2024 passed in CRL.P.No.5252/2022. Therefore, the present petitioner is also entitled to be enlarged on bail on the ground of parity with that of accused No.2. Detention of the petitioner in custody would amount to infringement to his right to life and liberty. Hence, I am of the opinion that the petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the interest of the prosecution.
ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No.365/2023 of Sarjapura Police Station, pending in C.C.No.81/2024 on the file of the learned Principal Civil Judge & JMFC, Anekal, on obtaining the bond in a sum of Rs.2,00,000/(Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:
NC: 2024:KHC:38304 CRL.P No. 5316 of 2024
If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.
On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.
Sd/(M G UMA) JUDGE
AV
List No.: 3 Sl No.: 4
1 issue framed by the court
Whether the petitioner-accused No.4 is entitled to be enlarged on bail under Section 439 Cr.P.C. for offences under Sections 302, 120B and 201 IPC?
2 provisions across 2 enactments
Shashi Kumar S N
State of Karnataka by Sarjapura Police Station
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
