Regular bail under Section 439 Cr.P.C. sought by accused No.1 charged under Sections 302/34 IPC for allegedly assaulting his mother with a wooden club causing her death. Court found strong prima facie material and eyewitnesses cited, and rejected the parity claim with accused No.2 who had only slapped the deceased.
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NC: 2024:KHC:38833 CRL.P No. 7243 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO.7243 OF 2024
BETWEEN:
…PETITIONER
(BY SRI. RAVI SHANKAR S S, ADVOCATE)
AND:
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
BY DEVANAHALLI POLICE STATION, BANGALORE RURAL, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560001.
…RESPONDENT
(BY SMT. K.P.YASHODHA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.153/2023 REGISTERED AT DEVANAHALLI LAW AND ORDER P.S., BENGALURU RURAL, NOW PENDING BEFORE V ADDL. DISTRICT JUDGE BENGALURU RURAL SITTING AT DEVANAHALLI IN S.C.NO.15045/2023 FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 R/W SECTION 34 OF IPC.
NC: 2024:KHC:38833 CRL.P No. 7243 of 2024
THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
The petitioner being accused No.1 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.153/2023 of Devanahalli Law and Order Police Station, pending in S.C.No.15045/2023 on the file of the learned V Additional District Judge, Bengaluru Rural, Sitting at Devanahalli registered for the offences punishable under Section 302 read with 34 of IPC on the basis of the first information lodged by the informant – Sri Rajanna C.M.
“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
NC: 2024:KHC:38833 CRL.P No. 7243 of 2024
that the petitioner being the son of the deceased had assaulted
his mother as he wanted to have the property in his name.
439 of Cr.P.C. seeking bail, the scope of the petition is very limited. This Court is not writing an order or a judgment either discharging or acquitting him. When strong prima facie materials are placed before the Court for having committed the offence, which is punishable either with death or imprisonment for life, I am of the opinion that the petitioner is not entitled for grant of bail, that too when C.W.1 and C.W.4 are cited as eyewitnesses to the incident.
negative and proceed to pass the following:
ORDER
The petition is dismissed.
Sd/(M G UMA) JUDGE
MD
List No.: 3 Sl No.: 7
1 issue framed by the court
Whether the petitioner-accused No.1 was entitled to bail under Section 439 Cr.P.C. in a Section 302/34 IPC case where he allegedly caused the fatal head injury to his mother?
2 provisions across 2 enactments
Sri Raghavendra C.M.
The State of Karnataka by Devanahalli Police Station
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
