Case Note & Summary
The petitioner, Mohan Kumar M.N., accused No.4, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking bail in Crime No.162/2019 registered at Madanayakanahalli Police Station, Bengaluru, for offences punishable under Sections 143, 147, 148, 341, 114, 302, 109, 120B, and 149 of the Indian Penal Code, 1860 (IPC). The case arose from a long-standing rivalry between the deceased Lakshminarayana and the accused persons over cultivation of a government gomala land in Sy.No.88. On 15.04.2019 at about 2.00 p.m., all accused persons allegedly formed an unlawful assembly and waylaid the deceased who was proceeding on his two-wheeler. Accused No.1 threw a stone at the deceased, causing him to fall, and other accused, armed with deadly weapons like longs, choppers, knives, etc., got down from cars and assaulted the deceased, resulting in his death. The petitioner was arraigned as accused No.4. The learned Senior Counsel for the petitioner argued that no specific overt act was attributed to the petitioner and that he was only alleged to be a member of the unlawful assembly. The learned High Court Government Pleader (HCGP) opposed the bail orally. The court considered the submissions and perused the charge sheet. It noted that the only allegation against the petitioner was that he was a member of the unlawful assembly and that there was no prima facie material to show that the petitioner had committed any overt act or that he was a party to the criminal conspiracy. The court held that in the absence of such material, the petitioner could not be denied bail solely on the ground that he shared the common intention with other accused. Accordingly, the court allowed the petition and directed the petitioner to be released on bail subject to certain conditions.
Headnote
A) Criminal Procedure Code - Bail - Section 439 Cr.P.C. - Prima Facie Case - Petitioner, accused No.4, sought bail for offences under Sections 143, 147, 148, 341, 114, 302, 109, 120B, 149 IPC - No specific overt act attributed to petitioner; only allegation of being part of unlawful assembly - Held that in the absence of prima facie material showing overt act or criminal conspiracy, bail cannot be denied solely on ground of common intention (Paras 5-6).
Issue of Consideration
Whether the petitioner, accused No.4, is entitled to bail under Section 439 of Cr.P.C. in a murder case where he is alleged to be a member of an unlawful assembly but no specific overt act is attributed to him.
Final Decision
Petition allowed. Petitioner shall be released on bail on executing a personal bond for Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial court. Petitioner shall appear before the court as and when required and shall not tamper with prosecution witnesses.
Law Points
- Bail under Section 439 Cr.P.C.
- Prima facie case
- Overt act
- Criminal conspiracy
- Unlawful assembly
- Murder
