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H.P.SANDESH
Lohitha – Appellant
Versus
State – Respondent
ORDER :
H.P. Sandesh, J.
1. This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No. 100/2021 (C.C. No. 33673/2021) of Srirampura Police Station, Bangalore for the offence punishable under Sections 120B, 302, 201 read with 34 of IPC and Section 36 of the Karnataka Excise Act.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case of the prosecution is that there was a quarrel between the deceased and this petitioner one week prior to this incident. Similarly, there was a quarrel between accused No. 2 and the deceased also and both of them discussed with regard to the said incident and accused Nos. 1 and 2 conspired with each other to teach a lesson to the deceased in the shop belonging to C.W. 7 and also purchased a dagger. That on 04.09.2021 at around 7.00 p.m., when the victim went to consume alcohol in Srirampura jurisdiction belonging to accused No. 3, accused No. 2 went and quarreled with him and accused No. 1 was also along with him. With an intention to take away the life, accused No. 1 inflicted injury with the dagger near t
The specific overt-act allegation, role of the accused, and medical evidence are pivotal in deciding bail petitions for serious offences.
The decision emphasizes the significance of circumstantial evidence, including CCTV footage and recovery of the deadly weapon, in determining the grant of bail in murder cases.
Criminal Law - Offence of Murder - Bail granted - There is no premeditation or pre-plan and petitioner/accused has not taken undue advantage or acted in a cruel or unusual manner and incident had hap....
The interpretation of injuries and their classification under relevant sections of the Indian Penal Code, along with the consideration of custody period and trial delay, influenced the court's decisi....
Court emphasized that bail applications must be evaluated on the basis of the accused's specific role and the seriousness of the charges, not merely on parity with co-accused.
The court's decision to grant bail was based on the lack of evidence establishing the accused's intention to commit murder under Sec. 302 of IPC and the completion of the investigation.
The court's decision was influenced by the finding that there were sufficient materials to constitute the offence under Sec. 302 of IPC and that the petitioners failed to provide a satisfactory expla....
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