Case Note & Summary
The petitioner, Maletira Dharshan Chenagappa, was accused No.1 in Crime No.10/2019 registered by Virajpet Town Police Station, Kodagu, for offences punishable under Sections 302, 326, 120B read with 34 of the Indian Penal Code. He filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail. The petitioner had previously approached the High Court in Criminal Petition No.6012/2019, which was withdrawn with liberty to file a fresh petition after examination of eye witnesses. The sole eye witness, Mr. Musthafa Mohammed, deposed before the Sessions Court and did not support the prosecution's case, leading the prosecution to treat him as hostile and cross-examine him. The petitioner contended that this constituted a change in circumstances warranting bail. The High Court, after considering the submissions, allowed the petition and granted bail to the petitioner, subject to conditions.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Change in Circumstances - The petitioner sought bail after the sole eye witness turned hostile and was declared hostile by the prosecution. The court held that the deposition of the eye witness not supporting the prosecution constitutes a change in circumstance, entitling the petitioner to bail. (Paras 1-4)
Issue of Consideration
Whether the petitioner is entitled to bail on the ground of changed circumstances after the sole eye witness turned hostile.
Final Decision
The petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No.10/2019 of Virajpet Town Police Station, Kodagu, pending in S.C.No.5010/2019 on the file of the II Additional District and Sessions Judge, Kodagu-Madikeri, sitting at Virajpet, subject to conditions.
Law Points
- Bail
- Hostile witness
- Change in circumstances
- Section 439 CrPC
- Section 302 IPC
- Section 120B IPC
Case Details
2020 LawText (KAR) (07) 223
Criminal Petition No.1950 of 2020
Sri. Gopalakrishna Murthy. C (for petitioner), Sri. Thejesh P (HCGP for respondent)
Maletira Dharshan Chenagappa
State by Virajpet Town Police Station
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal bail petition under Section 439 CrPC
Remedy Sought
Enlargement on bail in Crime No.10/2019
Filing Reason
The petitioner sought bail after the sole eye witness turned hostile, constituting a change in circumstances.
Previous Decisions
Earlier bail petition (Criminal Petition No.6012/2019) was withdrawn with liberty to file after examination of eye witnesses. The Sessions Court had dismissed the bail petition on 01.08.2019 in Spl.C.No.5010/2019.
Issues
Whether the turning hostile of the sole eye witness constitutes a change in circumstance for bail.
Submissions/Arguments
Petitioner argued that the sole eye witness Mr. Musthafa Mohammed deposed and did not support the prosecution, and was treated as hostile.
Respondent opposed bail.
Ratio Decidendi
The sole eye witness turning hostile and not supporting the prosecution constitutes a change in circumstance, entitling the accused to bail under Section 439 CrPC.
Judgment Excerpts
The petitioner is before this Court contending that the only eye witness viz., Mr.Musthafa Mohammed has deposed before the Sessions Court and his evidence does not support the case of the prosecution.
Hence, the prosecution had treated him as hostile and cross examined him.
Procedural History
The petitioner was arrested in Crime No.10/2019. He filed Criminal Petition No.6012/2019 which was withdrawn on 14.10.2019 with liberty to file after examination of eye witnesses. The Sessions Court dismissed his bail on 01.08.2019. He then filed the present petition.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 439
- Indian Penal Code, 1860 (IPC): 302, 326, 120B, 34
