Case Note & Summary
The petitioner, Yuvaraj Nimbalkar, accused No.3, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in connection with Crime No. 207/2020 of Karatagi Police Station, registered for offences under Sections 302, 307, 109 read with 34 of the Indian Penal Code, 1860 (IPC). The case arises from an incident on 17.10.2020 where a suo moto complaint was lodged by police personnel on patrolling duty. The charge sheet alleges that the sister of accused No.1, Triveni, belonging to Hindu Maratha community, married Vinod Malali of Hindu Reddy community on 12.05.2020 under the Special Marriage Act. Enraged by the inter-caste marriage, accused No.1 gave a supari (contract) to kill his sister, promising money to accused No.4, who introduced accused No.2 for the murder. The role assigned to the petitioner is that he actively cooperated with accused No.2 by supplying the weapon used in the incident and giving his Hero Honda Splendor Plus motorcycle without registration number. The petitioner argued that he is innocent and has been falsely implicated, with no direct role in the murder. The State opposed the bail application. The court, after hearing both sides, observed that the role of the petitioner is not direct and custodial interrogation is not required. The court granted bail to the petitioner subject to conditions.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Prima Facie Case - Petitioner accused No.3 charged with supplying weapon and motorcycle for murder - Court held that the role of petitioner is not direct and custodial interrogation not required - Bail granted (Paras 2-4).
Issue of Consideration
Whether the petitioner, accused No.3, is entitled to bail under Section 439 of CrPC for offences under Sections 302, 307, 109 read with 34 of IPC.
Final Decision
Petition allowed. Petitioner is ordered to be enlarged on bail in S.C. No. 89/2021 (Crime No. 207/2020) of Karatagi Police Station for offences under Sections 302, 307, 109 read with 34 of IPC, pending before I Addl. District and Sessions Judge, Koppal sitting at Gangavati, subject to conditions.
Law Points
- Bail under Section 439 CrPC
- Prima facie case
- Role of accused
- Custodial interrogation not required
