Case Note & Summary
The petitioner, Ravi, accused No.1, filed a petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking regular bail in Crime No.50/2020 registered at Hassan Rural Police Station for offences punishable under Sections 302 (murder) and 201 (causing disappearance of evidence) of the Indian Penal Code, 1860 (IPC). The case was based on a complaint filed by Gurumurthy on 18.03.2020. However, during investigation, the charge sheet was laid before the Committal Court for offences under Sections 304A (causing death by negligence), 201 and 202 (intentional omission to give information of offence) read with Section 34 (common intention) of IPC. The petitioner had been in judicial custody since his arrest. The court noted that the initial FIR alleged murder, but the charge sheet altered the offences to those involving negligence. The court observed that there was no prima facie evidence to support the charge of murder under Section 302 IPC. Considering the change in the charge sheet and the period of custody, the court found it a fit case to grant bail. The petition was allowed, and the petitioner was ordered to be released on bail subject to conditions including furnishing a bond of Rs.1,00,000 with two sureties, appearing before the court as required, not tampering with evidence, and not leaving the jurisdiction without permission.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Regular Bail - Accused No.1 sought bail for offences under Sections 302 and 201 IPC, but charge sheet was filed under Sections 304A, 201 and 202 read with Section 34 IPC - Court considered the change in charge sheet and lack of prima facie evidence for murder - Held that bail should be granted as the offence under Section 302 IPC was not made out and accused was in custody since arrest (Paras 1-4).
Issue of Consideration
Whether the accused is entitled to regular bail under Section 439 CrPC for offences under Sections 302 and 201 IPC, when the charge sheet has been laid under Sections 304A, 201 and 202 read with Section 34 IPC.
Final Decision
Petition allowed. Petitioner shall be released on bail on executing a bond of Rs.1,00,000 with two sureties. Conditions: appear before court as required, not tamper with evidence, not leave jurisdiction without permission.
Law Points
- Bail under Section 439 CrPC
- Prima facie case
- Charge sheet alteration
- Section 302 IPC
- Section 201 IPC
- Section 304A IPC
- Section 34 IPC
