Case Note & Summary
The petitioner, Siddegowda, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking bail in Crime No.141/2019 registered by Gubbi Police Station, Tumakuru, for the offence punishable under Section 302 read with 34 of the Indian Penal Code, 1860 (IPC). The High Court of Karnataka at Bengaluru, presided over by Justice John Michael Cunha, heard the matter on 9 July 2020. The court noted that the petitioner had previously filed a bail petition under Section 439 Cr.P.C., which was rejected by a considered order dated 14 February 2020 in Crl.P.No.77/2020. In the present petition, the petitioner failed to demonstrate any changed circumstances that would warrant a fresh consideration for bail. Consequently, the court dismissed the petition, holding that without any change in circumstances, the successive bail petition was not maintainable. However, the court reserved liberty to the petitioner to renew his prayer for bail after the examination of eye-witnesses before the trial court.
Headnote
A) Criminal Procedure - Bail - Successive Bail Petition - Changed Circumstances - Section 439, Code of Criminal Procedure, 1973 - Petitioner filed second bail petition under Section 439 Cr.P.C. after earlier rejection - Court held that without any change in circumstances, the petition is not maintainable and dismissed it - Liberty reserved to renew prayer after examination of eye-witnesses (Paras 2).
Issue of Consideration
Whether the petitioner has made out any changed circumstances to entertain a successive bail petition under Section 439 Cr.P.C. after earlier rejection.
Final Decision
Petition dismissed. Liberty reserved to renew prayer after examination of eye-witnesses before the trial court.
Law Points
- Bail
- Changed circumstances
- Section 439 Cr.P.C.
- Successive bail petitions
