Case Note & Summary
The petitioners, accused Nos. 1, 2, and 4, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in connection with Crime No. 150/2019 registered at Harihara Town Police Station, Davanagere District, for offences punishable under Sections 302, 504, 506 read with 34 of the Indian Penal Code, 1860 (IPC). The case arose from an incident on 14.10.2019 at about 11:45 p.m., when the deceased was returning from Hotel Pariwar with Shakunthala, the sister of accused Nos. 1 and 4. The petitioners, along with other accused, allegedly assaulted the deceased with stones, sticks, and bats, and fisted him, leading to his death. The prosecution alleged that the petitioners had a strong objection to the deceased moving with their sister. The petitioners' counsel argued that the material collected by the investigating agency indicated that the murder was not pre-planned, as no weapons were carried by the petitioners, and the assault was with stones and sticks found at the spot. Counsel submitted that even if the allegations were accepted, the case would fall under Section 304 IPC (culpable homicide not amounting to murder) rather than Section 302 IPC (murder). Additionally, counsel pointed out that the investigation was completed, the trial had concluded, and the petitioners had been in prison for over one year. The court, after examining the materials on record, observed that the case of the prosecution was based on the petitioners' objection to the deceased's relationship with their sister. The court noted that the allegations did not indicate a pre-planned murder and that the weapons used were not carried by the petitioners but were found at the spot. The court also considered that the investigation was complete and the trial had concluded, and the petitioners had been incarcerated for more than one year. The court held that the petitioners were entitled to bail, especially in light of the possibility that the case may fall under Section 304 IPC. The court ordered the release of the petitioners on bail subject to certain conditions, including executing a personal bond of Rs. 1,00,000 each with one surety, appearing before the court as required, not tampering with prosecution witnesses, and not committing similar offences.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Grant of Bail - Petitioners accused of murder under Section 302 IPC - Court considered that the assault was not pre-planned, no weapons were carried, and the case may fall under Section 304 IPC - Held that petitioners are entitled to bail, especially since investigation is complete and they have been in custody for over one year (Paras 2-4).
Issue of Consideration
Whether the petitioners are entitled to bail under Section 439 of CrPC for offences under Sections 302, 504, 506 read with 34 of IPC.
Final Decision
The court allowed the petition and ordered the release of the petitioners on bail subject to conditions: executing a personal bond of Rs. 1,00,000 each with one surety, appearing before the court as required, not tampering with witnesses, and not committing similar offences.
Law Points
- Bail under Section 439 CrPC
- Prima facie case under Section 304 IPC instead of 302 IPC
- Completion of investigation and trial
- Long incarceration
