Successive bail application in a murder and conspiracy case where eye witnesses turned hostile. The court declined bail, noting incriminating materials were recovered at the petitioners' instance and witnesses remain to be examined, and directed expeditious trial within two months.
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NC: 2024:KHC:43844 CRL.P No. 8424 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD CRIMINAL PETITION NO. 8424 OF 2024
BETWEEN:
S/O LATE NANGAIAH ALIAS BILIYAPPA, AGED ABOUT 31 YEARS, RESIDING AT NO 131, II CROSS, VRUSHABAVATHINAGARA, KAMAKSHIPALYA, BENGALURU 560079.
S/O CHANDRA, AGED ABOUT 20 YEARS, RESIDING AT NO 131, VRUSHABAVATHINAGARA, KAMAKSHIPALYA, BENGALURU 560079.
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. A N RADHA KRISHNA.,ADVOCATE)
NC: 2024:KHC:43844 CRL.P No. 8424 of 2024
AND:
THE STATE OF KARNATAKA BY RAJAGOPALANAGAR POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU 560001.
…RESPONDENT
(BY SMT.K.P. YASHODHA., HCGP)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNNS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS COURT MAY BE PLEASED TO ENLARGE THE PETITIONER/A-1 TO A-3 ON BAIL IN CR.NO.72/2021 OF RAJAGOPALANAGARA POLICE FOR THE OFFENCE P/US/302, 120-B R/W SEC.34 OF IPC AND SEC.25(1)(B)(b) R/W SEC.4 ARMS ACT NOW PENDING IN S.C.NO.271/2022 ON THE FILE OF THE 55th ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-56).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
NC: 2024:KHC:43844 CRL.P No. 8424 of 2024
ORAL ORDER
This is a successive petition seeking enlargement on bail. The petitioners are being prosecuted for offences punishable under Sections 302, 120-B read with Section 34 of the Indian Penal Code,1860 and Sections 25(1-B)(b) and 4 of the Arms Act, 1959 in SC No.271/2022, which is pending consideration on the file of the LV Additional City Civil and Sessions Judge, Bengaluru. This Court must mention that if the earlier petitions by the first and second petitioners are disposed of, with liberty to approach this Court after all the eye witnesses are examined, the petition filed by the third petitioner is disposed of by a detailed order opining that there is sufficient material to support the prosecution's case that this petitioner has conspired to cause the murder of the deceased.
NC: 2024:KHC:43844 CRL.P No. 8424 of 2024
Pleader, canvasses that the eye witnesses who are related may have turned hostile but the prosecution relies upon the circumstantial evidence as well to bring home the guilt of the petitioners. In this regard, the learned High Court Government Pleader submits that the prosecution proposes to establish motive, recovery and conspiracy inter se the petitioners to establish the guilt of the petitioners.
NC: 2024:KHC:43844 CRL.P No. 8424 of 2024
The petition stands disposed of accordingly.
SD/(B M SHYAM PRASAD) JUDGE
NV
1 issue framed by the court
Whether successive petitioners should be enlarged on bail when eye witnesses have turned hostile but material witnesses and circumstantial evidence remain to be examined at trial.
3 provisions across 3 enactments
Nanjesha
Akash Gowda
Deepak
The State of Karnataka by Rajagopalanagar Police, represented by the State Public Prosecutor
B M SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
