Case Note & Summary
The High Court of Karnataka at Bengaluru heard a batch of criminal petitions filed under Section 439 of the Code of Criminal Procedure, 1973 (and Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023) seeking regular bail on behalf of accused nos. 1, 2, 6, 7, 11, 12, and 14 in Crime No. 250/2024 registered by Kamakshipalya Police Station, Bengaluru City. The case pertained to the discovery of a dead body of an unknown male near Sattva Anugraha Apartments on 09.06.2024, leading to the registration of an FIR initially under Sections 302 and 201 of the Indian Penal Code against unknown persons. During investigation, the petitioners were arrested on 11.06.2024 and 14.06.2024, and after completion of investigation, a charge-sheet was filed against seventeen accused persons for offences punishable under Sections 120B, 364, 384, 355, 302, 201, 143, 147, 148, 149 read with Section 34 IPC. The petitioners’ bail applications before the LVI Additional City Civil and Sessions Judge, Bengaluru, were rejected, prompting them to approach the High Court. Senior counsel appearing for the petitioners, particularly for accused no. 2 (Sri Darshan), raised contentions pointing to alleged delays in conducting inquest and post-mortem proceedings, doubts regarding the kidnapping allegation based on witness statements indicating voluntary participation of the deceased, and the questionable circumstances surrounding the seizure panchanama of weapons. The judgment text provided, however, ends abruptly during the submissions of the petitioners’ counsel, without recording any counter-arguments by the Special Public Prosecutor or the court’s analysis and decision. Consequently, the final order and ratio decidendi of the court remain unavailable in the excerpt provided.
Issue of Consideration
Whether the petitioners are entitled to regular bail under Section 439 of the Code of Criminal Procedure, 1973, in a case involving charges of murder and other serious offences.
Law Points
- Bail
- Section 439 Cr.P.C.
- Section 483 BNSS
- murder
- kidnapping
- criminal conspiracy
- regular bail
- remand
Case Details
2024 LawText (KAR) (12) 60
CRL.P.No.11096/2024 c/w CRL.P.Nos.11176/2024, 11180/2024, 11212/2024, 11282/2024, 11735/2024, 12912/2024
Hon'ble Mr Justice S Vishwajith Shetty
For Petitioners: Sri C.V. Nagesh, Sr. Counsel for Sri Sunil Kumar S.; Sri S.J. Chouta, Sr. Counsel for Sri Lakshmikanth G.; Sri Ranganath Reddy R.; Sri Aruna Shyam, Sr. Counsel for Sri Suyog Herele E.; Sri Tommy Sebastian, Sr. Counsel for Smt. Melanie Sebastian; Sri K. Diwakara, Sr. Counsel for Sri Aditya D. For Respondent: Sri P. Prasanna Kumar, SPP.
Sri Darshan, Nagaraju R., Anu Kumar @ Anu, Sri Lakshman M., Smt. Pavitra Gowda, Jagadeesh @ Jagga, Mr. Pradoosh S Rao @ Pradoosh
State of Karnataka by Kamakshipalya Police Station, represented by Special Public Prosecutor
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Nature of Litigation
Bail applications under Section 439 Cr.P.C. in a murder case
Remedy Sought
Petitioners seek regular bail after rejection by Sessions Court
Filing Reason
Bail applications rejected by LVI Additional City Civil and Sessions Judge, Bengaluru
Previous Decisions
Bail applications rejected by sessions court in Crl. Misc. Nos.8580/2024, 8770/2024, 9126/2024, 8812/2024, 8799/2024, 8798/2024, 9120/2024
Issues
Whether the petitioners are entitled to regular bail under Section 439 Cr.P.C. given the charges of murder and other serious offences.
Whether the delay in inquest and post-mortem proceedings and the circumstances of the case create grounds for bail.
Submissions/Arguments
Delay in conduct of inquest and post-mortem proceedings from 09.06.2024 to 11.06.2024.
Doubt on kidnapping allegation based on witness statements suggesting voluntary travel and purchase of liquor by deceased.
Seizure panchanama dated 12.06.2024 doubtful in light of statements of CW-69, confession statements of other accused, and statement of CW-132.
Judgment Excerpts
FIR in Crime No.250/2024 was registered by Kamakshipalya Police Station, Bengaluru City, against unknown persons initially for the offences punishable under Sections 302 & 201 IPC on the basis of the first information dated 09.06.2024 received from Keval Ran Dorji - Security Officer of Sattva Anugraha Apartments, Summanahalli, Bengaluru, after the dead body of a unknown male aged about 30 to 35 years which had injuries on it was found on the road side besides a drainage in front of Sattva Anugraha Apartment complex.
Though the dead body of a unknown male was found on the morning of 09.06.2024 itself, no inquest proceedings was held nor was the post- mortem of the dead body conducted till 11.06.2024.
Procedural History
FIR registered on 09.06.2024; accused nos.1,2,11,12,14 arrested on 11.06.2024 and accused nos.6,7 arrested on 14.06.2024; charge sheet filed against 17 accused persons; bail applications rejected by LVI Addl. City Civil & Sessions Judge, Bengaluru; petitions filed before High Court under Section 439 Cr.P.C.
Acts & Sections
- Indian Penal Code, 1860: 120B, 364, 384, 355, 302, 201, 143, 147, 148, 149, 34
- Code of Criminal Procedure, 1973: 439
- Bharatiya Nagarik Suraksha Sanhita, 2023: 483
