Case Note & Summary
The petitioner, M. Madhukumar @ Maribond, was arraigned as Accused No.5 in Crime No.38/2019 of Kuvempunagar Police Station, Mysuru, for offences punishable under Sections 376(d), 307, 397, 120B and 201 of IPC. The case arose from a complaint by the victim, Kum. Nethravathi, who alleged that she was subjected to gang rape and other offences. The petitioner had been in judicial custody since his arrest. He filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail. The High Court of Karnataka, after hearing the counsel for the petitioner and the State, noted that the charge sheet had been filed and the investigation was complete. The court considered the role attributed to the petitioner and the fact that he was in custody for a considerable period. The court held that the petitioner was entitled to bail, subject to conditions including furnishing a bond, providing sureties, and undertaking not to tamper with evidence or influence witnesses. The petition was allowed, and the petitioner was ordered to be released on bail.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Regular Bail - Petitioner/Accused No.5 sought bail in a case involving gang rape, attempt to murder, robbery, criminal conspiracy and destruction of evidence - Court considered the role of the petitioner, period of custody, and that investigation was complete - Held that the petitioner is entitled to bail subject to conditions (Paras 1-4).
Issue of Consideration
Whether the petitioner, arraigned as Accused No.5 in a case under Sections 376(d), 307, 397, 120B and 201 of IPC, is entitled to regular bail under Section 439 of CrPC.
Final Decision
The petition is allowed. The petitioner shall be enlarged on bail on executing a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the trial court. The petitioner shall not tamper with the prosecution evidence or influence witnesses. The petitioner shall appear before the court on all dates of hearing.
Law Points
- Bail under Section 439 CrPC
- Prima facie case
- Role of accused
- Custodial interrogation
- Likelihood of absconding
- Tampering with witnesses
