Case Note & Summary
The petitioners, accused Nos. 1 and 2, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No. 142/2015 registered at Vidyagiri Police Station for offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860, and Section 25 of the Arms Act, 1959. The case was pending before the 3rd Additional Senior Civil Judge and CJM at Dharwad. The petitioners were apprehended in Crime No. 221/2017 of Rajarajeshwarinagar Police Station, Bangalore, and had been in custody for over two years. The court heard arguments from Sri. Gourishankar Mot, counsel for the petitioners, and Sri. H.S. Chandramouli, State Public Prosecutor for the respondent-State. The court observed that the petitioners were not named in the FIR and there was no prima facie material to show their involvement in the alleged murder. Considering the long period of incarceration and the delay in trial, the court allowed the petition and granted bail to the petitioners subject to conditions.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Murder - Accused in custody for over 2 years - No prima facie evidence of involvement - Held that bail should be granted considering long incarceration and lack of direct evidence (Paras 3-5).
Issue of Consideration
Whether the accused are entitled to bail under Section 439 CrPC for offences under Section 302 read with Section 34 IPC and Section 25 of the Arms Act.
Final Decision
The petition is allowed. The petitioners/accused Nos. 1 and 2 shall be enlarged on bail in Crime No. 142/2015 of Vidyagiri Police Station, subject to conditions including furnishing a bond and sureties.
Law Points
- Bail under Section 439 CrPC
- Prima facie case
- Long incarceration
- Delay in trial
- Section 302 IPC
- Section 34 IPC
- Section 25 Arms Act
Case Details
2019 LawText (KAR) (07) 50
Criminal Petition No. 100871 of 2019
Sri. Gourishankar H Mot, Sri. H.S. Chandramouli
Ganesh Miskin @ Ganesh @ Ganu Bin Dasharath and Ameet Baddi @ Baddi @ Ameet Bin Late Ramachandra
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Nature of Litigation
Criminal bail petition under Section 439 CrPC
Remedy Sought
Enlargement on bail for accused Nos. 1 and 2 in Crime No. 142/2015
Filing Reason
Accused were in custody for over two years and there was no prima facie evidence against them
Issues
Whether the accused are entitled to bail under Section 439 CrPC for offences under Section 302 read with Section 34 IPC and Section 25 of the Arms Act.
Submissions/Arguments
Petitioners' counsel argued that the accused were not named in the FIR and there was no prima facie material to show their involvement.
State opposed bail citing the seriousness of the offence.
Ratio Decidendi
Bail should be granted when there is no prima facie evidence against the accused and they have been in custody for a long period, especially when the trial is delayed.
Judgment Excerpts
This petition has been filed by the petitioner/accused Nos. 1 and 2 under Section 439 of the Code of Criminal Procedure to enlarge them on bail in Crime No.142/2015 of Vidyagiri Police Station for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and also under Section 25 of the Arms Act.
Accused Nos.1 and 2 were apprehended in Crime No.221/2017 of Rajarajeshwarinagar Police Station, Bangalore and were in custody for over two years.
Procedural History
The petitioners filed a criminal petition under Section 439 CrPC before the High Court of Karnataka, Dharwad Bench, seeking bail in Crime No. 142/2015. The petition was heard on 04.07.2019 and reserved for orders, with the final order pronounced on 26.07.2019.
Acts & Sections
- Code of Criminal Procedure, 1973: 439
- Indian Penal Code, 1860: 302, 34
- Arms Act, 1959: 25
