Regular bail sought by accused No.1 in a case of kidnapping and trafficking offences against a child. The court held parity with a co-accused granted bail did not apply since the petitioner allegedly kidnapped the child, and investigation was incomplete. Bail petition dismissed.
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NC: 2024:KHC:22379 CRL.P No. 5476 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 5476 OF 2024
BETWEEN:
Digitally signed by BHARATHI S Location: high court of karnataka
MR. MANJUNATH .P. S/O PUTTASWAMY AGED ABOUT 31 YEARS, RESIDING AT NO.683, DODDA ARALIMARA, ALANJIKATTE, B. HUTTAGALLI, MYSURU - 570 018 (NOW IN JUDICIAL CUSTODY SINCE 18.04.2024) …PETITIONER (BY SRI. S. SHEHINSHA ALI, ADVOCATE)
AND:
STATE BY KARNATAKA BY VIJAYANAGARA POLICE STATION MYSURU CITY, KARNATAKA REPRESENTED BY SPP HIGH COURT BUILDING, BENGALURU - 1. …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.74/2024 OF VIJAYANAGAR P.S. MYSURU CITY FOR THE OFFENCE P/U/S 363, 370(1), 370(4) OF IPC ON THE FILE OF THE V J.M.F.C COURT MALALAVADI JAYANAGARA MYSURU CITY.
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.74/2024 of Vijayanagar Police Station, Mysore, pending on the file of the learned Vth JMFC Court, Malalavadi, Jayanagara, Mysuru City, registered for the offences punishable under Sections 363, 370(1), 370(4) of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant - Ramdalli Devi.
“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
Sd/JUDGE
SPV
List No.: 1 Sl No.: 31
1 issue framed by the court
Whether the petitioner, accused No.1 in a child kidnapping case under Sections 363, 370(1) and 370(4) IPC, is entitled to regular bail under Section 439 Cr.P.C.
2 provisions across 2 enactments
Mr. Manjunath .P.
State by Karnataka by Vijayanagara Police Station Mysuru City
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
