Case Note & Summary
The petitioner, Jiya @ Isubu Shiyad @ Jiyas, filed a successive bail petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) before the High Court of Karnataka at Bengaluru, seeking enlargement on bail in Crime No.63/2017 of Ullal Police Station, Mangaluru City. The offences alleged included Sections 120B, 143, 144, 147, 148, 341, 504, 506, 302, 307, 326 read with 149 of the Indian Penal Code, 1860 (IPC) and Sections 3, 25(1)(1B), 7, 25(1)(1A) and 27(3) of the Arms Act, 1959. The petitioner was accused No.2 in the case. The court noted that the petitioner had earlier filed a bail petition in Crl.P.No.4023/2022, which was rejected on 22.06.2022. In that order, the court had relied on the Supreme Court judgment in Kumer Singh v. State of Rajasthan and Another, 2021 (6) SCJ 227. The present petition was argued by Sri Hasmath Pasha, Senior Counsel for the petitioner, and opposed by Sri K.K. Krishna Kumar, High Court Government Pleader for the respondent-State. The court observed that a successive bail petition can be entertained only if there is a change in circumstances after the rejection of the earlier petition. Since the earlier petition was rejected on merits and no new grounds were urged, the court found no reason to grant bail. The petition was accordingly dismissed.
Headnote
A) Criminal Procedure Code - Successive Bail Petition - Change in Circumstances - Section 439 CrPC - The court held that a successive bail petition can be considered only if there is a change in circumstances after the rejection of the earlier bail petition. Since the earlier petition was rejected on merits and no new grounds were urged, the petition was dismissed. (Paras 3-4) B) Indian Penal Code, 1860 - Murder - Bail - Sections 302, 307, 326 read with 149 IPC - The petitioner was accused No.2 in a case involving murder and attempt to murder. The court noted the seriousness of the offences and the lack of change in circumstances, and declined to grant bail. (Paras 1-4)
Issue of Consideration
Whether the petitioner-accused No.2 is entitled to bail in a successive bail petition under Section 439 CrPC when the earlier bail petition was rejected on merits and no change in circumstances is shown.
Final Decision
The petition is dismissed.
Law Points
- Successive bail petition
- change in circumstances
- rejection on merits
- Section 439 CrPC
- no new grounds
