In a matrimonial homicide case involving a foreign national accused of murder, illegal immigration, and passport violation, the Court rejected bail seeking under Section 439 Cr.P.C., deeming the gravity of the offences and risk of abscondance as decisive factors.
The petition seeking enlargement on bail under Section 439 Cr.P.C. is dismissed.
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 19TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL PETITION NO.584 OF 2024 (439)
BETWEEN:
OBIORA VICTOR NZEWE, S/O CHARLES ZEKWE, COUNTRY NIGERIA, AGED ABOUT 36 YEARS, PRESENTLY RESIDING AT NO.586, 5TH CROSS, MUNIKEMPANNA LAYOUT, DASARAHALLI, BENGALURU-560 024.
…PETITIONER
(BY SRI. H. RAJANNA ADVOCATE FOR SRI. JAIRAJ G., ADVOCATE)
AND:
Digitally signed by SOWMYA D Location: High Court of Karnataka
STATE OF KARNATAKA, BY STATION HOUSE OFFICER, AMRUTHAHALLI POLICE STATION, BENGALURU CITY REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001.
…RESPONDENT
(BY SRI. B. LAKSHMANA, HCGP)
THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.250/2022 REGISTERED BY
NC: 2024:KHC:11170 CRL.P No. 584 of 2024
AMURTHAHALLY POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 302, 465, 468, 471 OF IPC AND SECTION 14(a)(b) OF FOREIGNERS ACT AND SECTION 12(A)(B) OF PASSPORT ACT ON THE COMPLIANT OF SRI RAVIKUMAR S/O BABUNATH, AGED 40 YEARS, RESIDING AT NO.586, 5TH CROSS, MUNIKEMPANNA LAYOUT, DASARAHALLI, BENGLAURU -560024 WHICH IS NOW PENDING ON THE FILE OF LXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-62) AND ETC.,
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. for enlarging him on bail in CR No.250/2022 registered in SC No.330/2023 of Amruthahally Police Station, Bengaluru City for the offences punishable under Sections 302, 465, 468, 471 of IPC and Sections 14(a)(b) of Foreigners Act, 1946 and Section 12(A)(B) of Passport Act, 1967 pending on the file of LXI Additional City Civil and Sessions Judge at Bengaluru (CCH-62).
The petitioner along with his wife CW-8 and his son CW-22 was residing on the third floor of Girish's house at Munikempanna Layout Main Road. On 09.10.2022 at about 6.00 p.m., the deceased visited the house of the petitioner. It is alleged that at that time, the petitioner came down and picked up quarrel with deceased alleging that he had illicit relationship with his wife i.e., CW-8 and they have started quarreling with each other. Then they came to the ground floor and near High Tension Pole, the petitioner stabbed the deceased on his chest, head and back and other parts of the body, causing his death.
NC: 2024:KHC:11170 CRL.P No. 584 of 2024
After completion of the investigation, the Investigating Officer has also submitted the charge sheet.
for the petitioner and learned High Court Government Pleader. Perused the records.
staying in India even after lapse of Passport period. It is
further alleged that he is also having another Passport and by making use of this Passport, he has illegally stayed in India. The allegations made against the petitioner are serious in nature. The matter is already committed to the Sessions Court. The petitioner is not resident of India and if he is granted bail, there is every possibility of his abscondance.
Accordingly, the petition stands dismissed .
Sd/JUDGE
MS* List No.: 1 Sl No.: 19
3 issues framed by the court
Whether bail should be granted to a foreign national accused of murder and illegal entry.
If the petitioner poses a flight risk due to illegal stay and non-residency in India.
Whether the gravity of the offence precludes the exercise of bail discretion under Section 439 Cr.P.C.
4 provisions across 4 enactments
Obiora Victor Nzewe
State of Karnataka
Rajendra Badamikar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
