Case Note & Summary
The petitioner, Rajanna, accused No.3, filed a second successive bail petition under Section 439 Cr.P.C. seeking bail in Crime No.12/2020 of Yadgiri Women P.S., which culminated in C.C. No.42/2020 for offences punishable under Sections 366, 376, 306, 506 r/w 34 IPC. The earlier bail petition was dismissed on 28.08.2020. The court noted that the investigation was complete, charge sheet had been filed, and the petitioner had no criminal antecedents. Considering the change in circumstances, the court allowed the petition and granted bail on certain conditions, including furnishing a personal bond of Rs.1,00,000 with two sureties, not tampering with evidence, and appearing before the court regularly.
Headnote
A) Criminal Procedure Code - Bail - Second Successive Bail Petition - Section 439 Cr.P.C. - Change in Circumstances - The petitioner, accused No.3, filed a second successive bail petition after earlier dismissal on 28.08.2020. The court considered the completion of investigation, filing of charge sheet, and the fact that the petitioner had no criminal antecedents. Held that the change in circumstances justified granting bail, subject to conditions. (Paras 1-3)
Issue of Consideration
Whether the petitioner/accused No.3 is entitled to bail in a second successive bail petition under Section 439 Cr.P.C. for offences under Sections 366, 376, 306, 506 r/w 34 IPC, considering the change in circumstances.
Final Decision
The petition is allowed. The petitioner/accused No.3 shall be released on bail in Crime No.12/2020 of Yadgiri Women P.S. (C.C. No.42/2020) on executing a personal bond of Rs.1,00,000 with two sureties for the likesum to the satisfaction of the trial court. The petitioner shall not tamper with prosecution evidence, shall appear before the court regularly, and shall not involve in similar offences.
Law Points
- Bail
- Second successive bail petition
- Change in circumstances
- Section 439 Cr.P.C.
- Completion of investigation
- No criminal antecedents
