Case Note & Summary
The Criminal Petition was filed under Section 439 of the Cr.P.C. seeking regular bail for the petitioner in Crime No.109/2019 registered by Suddaguntepalya Police Station, Bengaluru, for offences under Sections 504, 302 read with Section 34 of IPC. The case arose out of a financial transaction between the complainant and accused No.1. When the complainant demanded repayment, accused No.1, the petitioner and another person called the complainant to a location near Indira Canteen, Bismillah Nagar, and abused him. Accused No.1 assaulted the victim with a sickle on the head and body, causing grievous injuries. Initially, a case was registered under Section 307 IPC, but after the victim succumbed to the injuries, Section 302 IPC was invoked. The petitioner was arrested and had been in custody since 15 June 2019. The petitioner's counsel argued that the charge-sheet only alleged the petitioner's presence and no overt act was attributed to him, there was no mens rea, no recovery of weapon, and custodial trial was not required. The prosecution opposed bail contending that the petitioner participated in the incident, called the victim, and recovery of a motorbike was made from co-accused, indicating a prima facie case. The Court examined the charge-sheet and noted that the specific assault was by accused No.1, and aside from presence, no active role was attributed to the petitioner. There was no recovery of weapon from him. Considering that the petitioner had already been in custody for one year and custodial trial was not necessary, the Court held that bail could be granted with stringent conditions to protect the interests of the prosecution. Accordingly, the petition was allowed and the petitioner was directed to be released on bail upon execution of a personal bond of Rs.50,000 with two sureties and compliance with conditions including non-tampering of witnesses, regular court attendance, and not leaving the jurisdiction without permission.
Headnote
A) Criminal Procedure - Bail - Regular Bail under Section 439 Cr.P.C. - Indian Penal Code, 1860, Sections 504, 302, 34; Code of Criminal Procedure, 1973, Section 439 - Accused charged with murder and common intention but overt act of assault attributed to co-accused; only presence alleged; no weapon recovery from accused; investigation complete and charge-sheet filed; accused in custody for one year - Held, bail granted with conditions including personal bond, sureties, and restrictions to safeguard prosecution interests (Paras 6-8).
Issue of Consideration
Whether the petitioner is entitled to bail under Section 439 Cr.P.C. given that the specific overt act of assault was attributed to another accused, the petitioner's role was limited to presence with no recovery of weapon, and he had been in custody for one year.
Final Decision
Petition allowed. Petitioner granted bail on executing personal bond of Rs. 50,000 with two sureties, and conditions including not tampering witnesses, attending court, and not leaving jurisdiction without permission.
Law Points
- Section 439 Cr.P.C. bail discretion
- consideration of nature of accusation
- role of accused
- period of custody
- custodial trial requirement
- imposition of conditions
