Sixth successive bail petition under Section 439 Cr.P.C. for a murder suspect in Crime No.254/2017. Court found no serious illness in petitioner's mother, no changed circumstance despite one hostile witness, cited gravity of the alleged murder with 41 injuries, and rejected bail.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL PETITION NO. 6550 OF 2024
BETWEEN:
…PETITIONER
(BY SRI. MOHANKUMARA D., ADVOCATE)
AND:
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
BY KOTHANUR POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
…RESPONDENT
(BY SMT. RASHMI JADHAV, ADDL. SPP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO RELEASE THE PETITIONER/ACCUSED ON REGULAR BAIL IN CR.NO.254/2017 REGISTERED BY THE RESPONDENT HOTHANUR POLICE STATION, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 201 R/W
SECTION 34 OF IPC, PENDING BEFORE THE LEARNED LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.MISC.NO.7855/2021 (S.C.NO.736/2018).
THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.P.SANDESH
ORAL ORDER
This is a sixth successive bail petition filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused in Crime No.254/2017 of Kothanur Police Station, Bangalore City for the offence punishable under Sections 302 and 201 read with Section 34 of IPC.
no serious illness to the mother of the petitioner and she is
aged about 61 years. When such being the case, even on medical ground of the mother, the petitioner cannot be enlarged on bail, when serious offence of taking a life of a person, that too causing 41 injuries and it is nothing but blood thirsty. Hence, in the instant case, exercising the discretion does not arise, when this Court has already rejected five bail petitions of this petitioner. Therefore, I do not find any changed circumstance to enlarge the petitioner on bail.
NC: 2024:KHC:43940 CRL.P No. 6550 of 2024
examined regarding recovery and the Court has to take note of the gravity, nature and manner of the alleged murder which has been committed by the petitioner.
Accordingly, the bail petition is rejected.
Sd/(H.P.SANDESH) JUDGE
ST List No.: 1 Sl No.: 86
2 issues framed by the court
Whether the petitioner should be granted regular bail on medical grounds concerning his ailing mother in the murder case.
Whether partial witness examination (one eyewitness turning hostile) constitutes a changed circumstance warranting bail.
4 provisions across 4 enactments
T. Harish
State of Karnataka by Kothanur Police Station
H.P. Sandesh
As recorded by the court registry
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