Sri. Mohammad Rafeeq v. the State of Karnataka
Case brief
What is this about?
Regular bail granted under S.439 Cr.P.C. to two brothers (accused 1 & 2) in a murder prosecution (Ss.302, 120B r/w 34 IPC, Crime No.115/2023, Madikeri Rural PS; SC No.74/2023, Kodagu) after rejection of their earlier bail plea (Crl.Misc.No.358/2024, rejected 14.10.2024). Deciding factors: over 1 year 8 months custody, no criminal antecedents, all material charge sheet witnesses already examined (8 of 36), hostile independent eye witnesses (all except CW1), and absence of tampering apprehension; merits expressly left unaddressed. Useful search terms: post-trial-commencement bail, S.439 Cr.P.C. murder bail, Kodagu/Madikeri, bail granted despite S.302 IPC, bond Rs.1,00,000/- each.
What did the court decide?
Petitioners directed to be enlarged on regular bail in SC No.74/2023 pending before the Principal District and Sessions Judge, Kodagu, Madikeri, arising out of Crime No.115/2023, subject to conditions: personal bond of Rs.1,00,000/- each with two sureties for the likesum; regular appearance on hearing dates unless exempted; no direct or indirect threatening or tampering with prosecution witnesses; no involvement in similar offences; no leaving the Trial Court's jurisdiction without permission until disposal of the case.