Case Note & Summary
The petitioner, Sri Preethu @ Preethesh B Sulaya, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in C.C.No.3497/2019 arising out of Crime No.107/2019 registered by Puttur Rural Police Station for offences punishable under Sections 504, 341, 302, 212 read with Section 34 of the Indian Penal Code, 1860. The petitioner is accused No.1 and has been in judicial custody since his arrest. The case stems from an incident on 3.9.2019 at about 11.30 p.m., when the accused persons and the deceased attended a Yakshagana programme near Sampya Rural Police Station limit. Accused No.2 questioned the deceased about a previous altercation, and during a verbal altercation, Accused No.2 and Accused No.3 held the deceased's hands, while the petitioner/accused No.1 took a stone and threatened the deceased. Subsequently, the deceased died. The petitioner's counsel argued that the petitioner had no role in the death and that the overt act attributed to him was only threatening with a stone, not causing the fatal injury. The High Court, after hearing both sides, observed that the role attributed to the petitioner was only that he took a stone and threatened the deceased, and there was no prima facie evidence that he caused the fatal injury. The court also noted that the petitioner is in judicial custody and his custodial interrogation is not required. Accordingly, the court allowed the petition and granted bail to the petitioner subject to certain conditions.
Headnote
A) Criminal Procedure - Bail - Section 439 CrPC - Regular Bail - Petitioner/Accused No.1 sought bail in a murder case - Court held that the role attributed to the petitioner was only that he took a stone and threatened the deceased, but there was no prima facie evidence that he caused the fatal injury - Held that the petitioner is entitled to bail as his custodial interrogation is not required and he is in judicial custody since arrest (Paras 1-4).
Issue of Consideration
Whether the petitioner/accused No.1 is entitled to regular bail under Section 439 of CrPC for offences punishable under Sections 504, 341, 302, 212 r/w 34 of IPC.
Final Decision
The petition is allowed. The petitioner/accused No.1 is ordered to be enlarged on bail in C.C.No.3497/2019 (Crime No.107/2019) of Puttur Rural Police Station, subject to executing a personal bond for Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial court. The petitioner shall appear before the court regularly and not tamper with prosecution witnesses.
Law Points
- Bail under Section 439 CrPC
- Prima facie case
- Overt act
- Role of accused
- Custodial interrogation
- Judicial custody
