The petitioner sought bail for offences under Sections 302 and 201 IPC. The Court dismissed the petition, relying on strong prima facie material, the nature of the offence punishable with death or life imprisonment, and the previous dismissal of a co-accused's similar bail application.
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NC: 2024:KHC:37537 CRL.P No. 8987 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 8987 OF 2024
BETWEEN:
Digitally signed by SWAPNA V Location: high court of karnataka
MAHESH H.N. AGED ABOUT 42 YEARS, S/O LATE H.K. NAGAPPA, R/AT NO.3302, KRISHNA KRUPA, 11TH CROSS, R.P. ROAD, NANJANAGUDU, MYSURU DISTRICT - 571 301 PERMANENTLY RESIDING AT HASAGULI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGARA DISTRICT - 571 111.
(BY SRI. P. NATARAJU, ADVOCATE)
AND:
…PETITIONER
STATE OF KARNATAKA BY VARUNA POLICE STATION, MYSURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001
…RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.121/2023 REGISTERED BY VARUNA P.S., MYSURU DISTRICT FOR THE OFFENCE P/U/S 302 AND 201 R/W 34 OF IPC PENDING ON THE FILE OF THE LEARNED II ADDL.DISTRICT AND SESSIONS JUDGE AT MYSURU IN S.C.NO.76/2024 BY ALLOWING THIS PETITION.
NC: 2024:KHC:37537 CRL.P No. 8987 of 2024
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
The petitioner-accused No.1 is before this Court seeking
grant of bail under Section 439 of Cr.P.C. in Crime No.121/2023 of Varuna Police Station, pending in SC.No.76/2024 on the file of the learned II Additional District and Sessions Judge at Mysuru, registered for the offences punishable under Sections 302 and 201 R/w Section 34 of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Anupkumar U.N.
“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
no eye witnesses to the incident, CW-20 is the witness who said to have seen the deceased lastly in the company of the accused, who had taken him in the car. It is stated that accused No.1 was having the intention to marry the daughter of the deceased i.e., CW-2 and in that regard, the accused has taken the deceased in his car. Accused No.1 demanded to get him married to the daughter of the deceased. When he refused to do so, it was accused Nos.1 and 2 who strangulated his neck with the rope and later accused No.2 stabbed him repeatedly.
As per Post Mortem report, there were multiple stab injuries found on the dead body and ligature mark was also seen. As per the final opinion of the Medical Officer, who conducted post mortem examination, the death was due to asphyxia as a result of ligature strangulation with hemorrhage and shock as a result of chop injury sustained to the neck. It is stated that the knife used in the commission of the offence and the mobile handset were recovered at the instance of the present petitioner. There are strong prima facie materials against the petitioner for having committed the offence. The offence in question is punishable either with death or imprisonment of life. Admittedly, accused No.2 against whom similar allegations are made had approached this Court by filing Crl.P.No.4311/2024. The same came to be dismissed on merits vide order dated 19.06.2024.
ORDER
The petition is dismissed.
Sd/(M G UMA) JUDGE
BH List No.: 3 Sl No.: 11
1 issue framed by the court
Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?
2 provisions across 2 enactments
MAHESH H.N.
STATE OF KARNATAKA BY VARUNA POLICE STATION
M G UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
