Back
IN THE HIGH COURT OF KARNATAKA
K. Natarajan, J.
Nagesha - Appellant
Versus
State of Karnataka - Respondent
Criminal Petition No. 6355 of 2022
Decided On : 27-07-2022
Bail - Criminal Law - The court granted bail to the petitioner-accused No.2 in a case involving offences punishable under Sections 302 read with 34 of IPC, based on the lack of direct evidence and the voluntary statement of the accused No.1. The court imposed certain conditions for the bail.
Fact of the Case:
The petitioner-accused No.2 filed a petition for granting regular bail in a case registered for the offences punishable under Sections 302 read with 34 of IPC. The prosecution alleged that the accused, along with others, assaulted the deceased leading to his death.
Finding of the Court:
The court, after hearing the arguments and perusing the records, found that there was no direct evidence apart from the voluntary statement of accused No.1. The court noted that the accused and others had surrendered along with the dead body, and without expressing any opinion regarding the merits of the case, granted bail to the petitioner-accused No.2 by imposing certain conditions.
Issues: The issues involved in the case were the alleged commission of the offences punishable under Sections 302 read with 34 of IPC by the petitioner-accused No.2 and others, and the question of granting bail based on the evidence and circumstances of the case.
Ratio Decidendi: The court's decision to grant bail was influenced by the lack of direct evidence apart from the voluntary statement of accused No.1, the surrender of the accused along with the dead body, and the fact that the co-accused were also granted bail. The court considered that imposing certain conditions for the bail would not cause prejudice to the prosecution case.
Final Decision: The petitioner-accused No.2 was ordered to be released on bail, subject to the conditions of executing a personal bond, not indulging in similar offences, not tampering with prosecution witnesses, and not leaving the jurisdiction without prior permission of the trial Court.
JUDGMENT
1. This petition is filed by the petitioner-accused No.2 under Section 439 of Cr.P.C., for granting regular bail in Crime No.235/2021 registered by Annapoorneshwari Nagar Police Station, Bengaluru City for the offences punishable under Sections 302 read with 34 of IPC.
2. Heard the arguments of learned counsel for petitioner and learned High Court Government Pleader for respondent-State.
3. The case of the prosecution is that a suo- moto complaint was registered by the Annapoorneshwari Nagar Police Station against petitioner and others on 17.10.2021. It is alleged by the police officer that on 17.10.2021, he was on night duty in the police station and at 3.10 a.m., auto rickshaw bearing No.KA-02-AE-9024 came to the police station and parked and a person came inside the police station and he himself stated his name as Muniraju/accused No.1 and along with another person Maruthi/accused No.3 informed that the deceased Bhaskar had illicit intimacy with his married sister who is having children and he on his way to elope with his sister, at that point of time, the accused persons had obstructed the deceased and took him along with them for purpose of advise in the auto rickshaw to leave his sister but the deceased did not mend his way. The deceased is said to have stated that he wanted to live with her. Therefore, the accused had assaulted him with wooden log/clubs along with the accused persons and caused injuries. Thereafter, he has taken him in auto rickshaw and the said Bhaskar is said to have died in the auto rickshaw. Thereafter, the accused persons came to the police station and surrendered along with dead body. After registering the case the police have arrested the petitioner and after investigation, charge sheet has been filed. The bail petition of this petitioner came to be rejected, hence he is before this Court.
4. Learned counsel for the petitioner contended that he is innocent of the said offence and he has been falsely implicated. Even otherwise offence under Section 302 of IPC is not attracted as the offence took place in sudden provocation during the quarrel between deceased and accused No.1, as the accused No.1 advised the deceased to leave his married sister, but the deceased was reluctant to leave his sister. Therefore, accused assaulted the deceased with a fit of anger in the wooden clubs and this accused also assaulted the deceased, due to which he died. He further submits Section 302 of IPC is not made out in this case and it may attract Section 304 of IPC "culpable homicide not amounting to murder" punishable under sections 304 (1) or (2) of IPC. The co-accused persons 3 and 4 already granted bail by the Co-ordinate Bench of this Court and he is in custody since 17.10.2021 which is more than 8 month. Therefore, he contends that the present petitioner is entitled for bail and he is ready to abide by any condition. Hence prayed for granting bail.
5. Per contra, learned HCGP objected the bail petition and contended that the accused surrendered along with dead body for having committed murder therefore prayed for dismissal of the petition.
6. Upon hearing the arguments and perused the records, admittedly as per the complaint, this accused along with accused no.1 and dead body had surrendered to police. The accused No.1 gave voluntary statement and his confession statement stating that the deceased was having illicit relationship with his married sister and on his way to Sunkada katte along with the sister of the accused and the accused persons obstructed them and took deceased towards lonely place for advise but when deceased did not mend his ways and he still wanted to live with his sister even though his sister was married and having children, at that time the accused persons assaulted him due to which he died. Therefore, without going to trial it cannot be said, accused had motive or intention to commit murder or not. Even otherwise, they have themselves surrendered before the police along with the dead b
The main legal point established in the judgment is the consideration of bail in a case involving serious offences based on the evidence and circumstances, and the imposition of conditions to ensure ....
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.
Bail eligibility based on circumstantial evidence and parity with co-accused.
The main legal point established in the judgment is the consideration of the petitioner's custody, lack of specific overt act, completion of investigation, and pending trial in granting bail for the ....
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 lack of incriminating evidence, non-supportive testimony from the deceased's father, and the principle of parity with the co-accused can be grounds for granting bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
