Case Note & Summary
The petitioner, Ashoka, accused No.2 in Crime No.313/2021 of Hunusur Rural Police Station, Mysuru District, filed a successive bail petition under Section 439 Cr.P.C. seeking regular bail for offences under Sections 120B, 302, 201 read with 34 IPC. The case was committed as S.C.No.76/2022. Earlier, both accused Nos.1 and 2 had approached this Court for bail, which was rejected on merits vide order dated 20.06.2022 in Crl.P.No.4072/2022. In the present petition, the petitioner contended that the motive was attributed only to accused No.1, who had an illicit relationship with the deceased's wife, and that accused No.1 called the deceased to his land, not the petitioner. The court noted that the petition was successive and no change in circumstances was shown. The court dismissed the petition, holding that without a change in circumstances, a successive bail petition is not maintainable.
Headnote
A) Criminal Procedure - Bail - Successive Bail Petition - Section 439 Cr.P.C. - Change in Circumstances - The petitioner filed a successive bail petition after earlier rejection on merits. The court held that without a change in circumstances, a successive bail petition is not maintainable. The court dismissed the petition, finding no fresh grounds. (Paras 2-3)
Issue of Consideration
Whether the petitioner/accused No.2 is entitled to regular bail in a successive bail petition when there is no change in circumstances from the earlier rejection.
Final Decision
The petition is dismissed. No change in circumstances from the earlier rejection on merits.
Law Points
- Successive bail petition
- change in circumstances
- Section 439 Cr.P.C.
- bail rejection on merits
- no fresh grounds
Case Details
2022 LawText (KAR) (11) 74
Criminal Petition No.10974/2022
Sri Hasmath Pasha, Senior Counsel for Sri Kariappa N.A., Advocate for M/s.HP Unique & Co.; Sri K.K. Krishnakumar, HCGP
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Nature of Litigation
Criminal bail petition under Section 439 Cr.P.C.
Remedy Sought
Regular bail for accused No.2 in Crime No.313/2021 (S.C.No.76/2022) for offences under Sections 120B, 302, 201 read with 34 IPC.
Filing Reason
The petitioner sought bail after earlier rejection on merits, contending that motive was attributed only to accused No.1.
Previous Decisions
Earlier bail petition (Crl.P.No.4072/2022) was rejected on merits on 20.06.2022.
Issues
Whether a successive bail petition is maintainable without a change in circumstances.
Submissions/Arguments
Petitioner argued that motive is attributed only to accused No.1, who had illicit relationship with deceased's wife and called deceased to his land.
Petitioner contended that no overt act is attributed to him.
Ratio Decidendi
A successive bail petition is not maintainable unless there is a change in circumstances from the earlier rejection on merits.
Judgment Excerpts
This is a successive bail petition. Earlier after filing of the charge-sheet both accused Nos.1 and 2 have approached this Court seeking for regular bail, the same has been considered on merits vide order dated 20.06.2022 in Crl.P.No.4072/2022.
The present petition is a successive bail petition filed by accused No.2, wherein, it is contended that the motive is attributed to accused No.1 only...
Procedural History
Crime No.313/2021 registered at Hunusur Rural Police Station, Mysuru District. Charge-sheet filed and case committed as S.C.No.76/2022. Earlier bail petition (Crl.P.No.4072/2022) rejected on merits on 20.06.2022. Present successive bail petition filed on 14.12.2022.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 439
- Indian Penal Code, 1860 (IPC): 120B, 302, 201, 34
