Case Note & Summary
The petitioners, Sri Umesh and Sri Hanumantharayappa, accused Nos. 2 and 3 in Spl.C.C.No.213/2019 pending before the II Additional District and Sessions Judge, Bengaluru Rural District, filed a criminal petition under Section 439 Cr.P.C. seeking bail. They were facing trial for offences punishable under Section 302 read with 34 of IPC and Sections 3(1)(r)(s) and 2(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, arising from Crime No.39/2019 of Thyamagondlu Police Station. The prosecution case was that on 05.05.2019 at about 8:30 pm, the complainant's son Puttaraju went to a shop near the bus stop and was allegedly murdered. The petitioners' counsel argued that they were not named in the FIR and no specific role was attributed to them. The High Court Government Pleader submitted that the complainant had been notified. The court, after hearing both sides, observed that the petitioners were not named in the FIR and their specific role was not indicated. Consequently, the court held that the petitioners were entitled to bail and ordered their release on bail subject to conditions.
Headnote
A) Criminal Procedure Code - Bail - Section 439 Cr.P.C. - Prima Facie Case - Petitioners were accused Nos. 2 and 3 in a murder case under Section 302 IPC and SC/ST Act - Court held that since the petitioners were not named in the FIR and their specific role was not attributed, they were entitled to bail - Held that bail should be granted when there is no prima facie case against the accused (Paras 4-5).
Issue of Consideration
Whether the petitioners, accused Nos. 2 and 3, are entitled to bail under Section 439 Cr.P.C. in a case involving offences under Section 302 IPC and Sections 3(1)(r)(s) and 2(v) of the SC/ST Act.
Final Decision
The court allowed the petition and ordered the petitioners to be enlarged on bail on such terms and conditions as the trial court may impose.
Law Points
- Bail under Section 439 Cr.P.C.
- Prima facie case
- Role of accused
- SC/ST Act Sections 3(1)(r)(s) and 2(v)
- IPC Section 302 read with 34
Case Details
2020 LawText (KAR) (07) 52
Criminal Petition No.2789 of 2020
P.M.Siddamallappa for petitioners, K.S.Abhijith (HCGP) for respondent No.1
Sri. Umesh and Sri. Hanumantharayappa
State by Thyamagondlu Police and Smt. Gangamma
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Nature of Litigation
Criminal bail petition under Section 439 Cr.P.C.
Remedy Sought
Enlargement of petitioners on bail in Crime No.39/2019 of Thyamagondlu Police Station for offences under Section 302 read with 34 IPC and Sections 3(1)(r)(s) and 2(v) of SC/ST Act.
Filing Reason
Petitioners were accused Nos. 2 and 3 in a murder case and sought bail on the ground that they were not named in the FIR and no specific role was attributed to them.
Issues
Whether the petitioners are entitled to bail under Section 439 Cr.P.C. when they are not named in the FIR and no specific role is attributed to them.
Submissions/Arguments
Petitioners' counsel argued that the petitioners were not named in the FIR and no specific role was attributed to them.
High Court Government Pleader submitted that the complainant was notified.
Ratio Decidendi
Bail should be granted when the accused are not named in the FIR and no specific role is attributed to them, as there is no prima facie case against them.
Judgment Excerpts
The petitioners are not named in the FIR and their specific role is not indicated.
Therefore, the petitioners are entitled to bail.
Procedural History
The petitioners filed a criminal petition under Section 439 Cr.P.C. before the High Court of Karnataka seeking bail in Crime No.39/2019 registered by Thyamagondlu Police Station for offences under Section 302 read with 34 IPC and Sections 3(1)(r)(s) and 2(v) of SC/ST Act. The case was pending as Spl.C.C.No.213/2019 before the II Additional District and Sessions Judge, Bengaluru Rural District. The High Court heard the petition and granted bail on 01.07.2020.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 439
- Indian Penal Code, 1860 (IPC): 302, 34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: 3(1)(r)(s), 2(v)
