Case Note & Summary
The petitioner, Shankarappa, accused No.1 in Spl.S.C.No.85/2019 arising out of Crime No.232/2019 of Chintamani Rural Police Station, filed a criminal petition under Section 439 CrPC seeking bail. He was charge-sheeted along with two others for offences punishable under Sections 120B, 363, 302, 201 read with Section 34 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. The allegations were that the petitioner, though married, contracted a second marriage with the victim Padmavathi, and later the victim was murdered. The petitioner had been in custody since 12.12.2019. The court considered the submissions of the learned counsel for the petitioner and the learned HCGP. The court noted that the allegations under the SC/ST Act were not prima facie made out because the incident did not occur in public view and there was no evidence of the petitioner insulting or intimidating the victim with intent to humiliate on caste basis. The court also observed that the petitioner had been in custody for about seven months and that the trial was likely to take time. Therefore, the court granted bail to the petitioner on certain conditions, including executing a personal bond of Rs.2,00,000 with two sureties, appearing before the court regularly, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Prima Facie Case - Petitioner/accused No.1 sought bail in a case registered for offences under Sections 120B, 363, 302, 201 r/w 34 IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Amendment Act, 2015 - Court held that the allegations under the SC/ST Act were not prima facie made out as the incident did not occur in public view and there was no evidence of caste-based insult - Bail granted subject to conditions (Paras 2-5).
Issue of Consideration
Whether the petitioner/accused No.1 is entitled to bail under Section 439 CrPC in a case involving offences under IPC and SC/ST (POA) Amendment Act, 2015.
Final Decision
The court allowed the bail petition and directed the petitioner to be released on bail subject to conditions: executing a personal bond of Rs.2,00,000 with two sureties, appearing before the court regularly, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Law Points
- Bail
- Prima facie case
- SC/ST Act ingredients
- Section 439 CrPC
- Murder
- Abduction
- Criminal conspiracy
