Accused No.1 in a murder case sought bail after his earlier bail petition was dismissed on merits. Relying only on one witness turning hostile, with no changed circumstances and trial proceeding without delay, the court rejected the bail application.
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NC: 2024:KHC:38834 CRL.P No. 8462 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.8462 OF 2024
BETWEEN:
…PETITIONER
(BY SRI NAGARAJA K.G., ADVOCATE)
AND:
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
…RESPONDENT
(BY SMT. K.P.YASHODHA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF (FILED UNDER SECTION 483 BNNS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.148/2020 (CR.NO.69/2020 OF UDAYAGIRI POLICE) PENDING ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MYSURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 R/W SECTION 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:38834 CRL.P No. 8462 of 2024
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.69/2020 of Udayagiri Police Station, pending in S.C.No.148/2020, on the file of the learned VII Additional District and Sessions Judge, Mysuru, registered for the offences punishable under Section 302 read with 34 of IPC, on the basis of the first information lodged by the informant Smt. Padma.
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in ‘Negativefor the following:
R E A S O N S
No.2. When such an opinion is already formed by this Court, I do not find any reason to consider such submissions once again.
similar petition once again. Admittedly, there is no delay in conducting trial by the prosecution or by the Trial Court. Therefore, I am of the opinion that the petition is liable to the dismissed.
negative and proceed to pass the following:
ORDER
The petition is dismissed.
Sd/(M G UMA) JUDGE
MD
List No.: 3 Sl No.: 8
1 issue framed by the court
Whether the petitioner-accused No.1 is entitled to regular bail under Section 439 Cr.P.C. despite an earlier dismissal on merits and absence of changed circumstances?
3 provisions across 2 enactments
Madhusudan alias Madhu alias Ondaragannu
State by Udayagiri Police
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
