Regular bail petition under Section 439 CrPC by Accused No.8 in a murder case arising from a conspiracy to kill the deceased. The court found eye-witness statements disclosed specific overt acts against him and refused parity with unarmed co-accused. Petition dismissed; liberty to approach Sessions Judge if trial not commenced within four months.
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 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 7386 OF 2024
BETWEEN:
…PETITIONER
(BY SRI. M. KRISHNE GOWDA, ADVOCATE)
AND:
…RESPONDENT
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
(BY SRI.RANGASWAMY R., HCGP)
THIS CRL.P. IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973 BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.No.141 OF 2020 OF KAGGALIPURA POLICE NOW IN S.C. No.149 of 2020 AND PENDING TRIAL BEFORE VII ADDL.DISTRICT AND SESSIONS JUDGE, AT BENGALURU RURAL DISTRICT, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148, 341, 302,120B READ WITH SECTIONS 34 AND 149 OF IPC
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:36392 CRL.P No. 7386 of 2024
CORAM : HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Paramesh. Hence, there was enmity. In this background, accused No.1 conspired with accused Nos.2 to 12 to commit the murder of Vinod Kumar. In furtherance of the conspiracy hatched, on 08.07.2020 at about 08.30 p.m., when the deceased was proceeding in a car along with his sisters, namely CW-2 and CW-3, accused persons came in different vehicles and waylaid the car of the deceased near Sri.Chowdeshwari bus stand. They dragged the deceased out of the car and assaulted him with long, talwar, cricket bat, knife, etc., and committed his murder.
Accused Nos.9 to 12 are already enlarged on bail by this Court. Petitioner is ready and willing to abide by any conditions. Accordingly, he has sought to allow the petition.
may flee from justice. He further submitted that this Court granted bail to accused Nos.9 to 12 since there are no specific overt-acts of assaulting the deceased against the said accused. He therefore, sought to dismiss the petition.
They were not knowing the names of the accused. Hence, initially when their statements were recorded, the names
of the accused were not revealed. In the subsequent statements after the arrest of the accused, they have mentioned the names of the accused persons. The delay in recording the further statements of CW-2 and CW-3 is not a ground to disbelieve the eye-witnesses, at this stage.
NC: 2024:KHC:36392 CRL.P No. 7386 of 2024
Sessions Judge, if the trial is not commenced within a period of four months from today.
dismissed .
Sd/(MOHAMMAD NAWAZ) JUDGE
RK List No.: 1 Sl No.: 14
3 issues framed by the court
Whether the petitioner (Accused No.8) in a murder case should be enlarged on bail under Section 439 CrPC after over four years in custody.
Whether the delay in recording further statements of eye-witnesses CW-2 and CW-3 discredits their testimony at the bail stage.
Whether bail granted to co-accused Nos.9 to 12 entitles the petitioner to parity.
2 provisions across 2 enactments
Raghava M
State of Karnataka by Kaggalipura Police Station
Mohammad Nawaz
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
