Case Note & Summary
The petitioners, Murugesha and Paramesh, filed a criminal petition under Section 439 CrPC seeking bail in connection with Crime No.312/2015 (S.C.No.762/2015) of Mico Layout Police Station, Bengaluru, for offences punishable under Sections 120B, 302, 201 read with Section 34 of the Indian Penal Code. The petitioners had been in judicial custody for more than two years, and the charge had not yet been framed. The learned counsel for the petitioners, Sri Younous Ali Khan, submitted that despite the prolonged custody, the trial had not progressed, and on many occasions the accused were not produced before the court. The earlier bail petition of petitioner No.1 in Criminal Petition No.5797/2015 had been rejected by this Court on 14.09.2015 with liberty to file a fresh petition after examination of prime witnesses. The High Court, after hearing the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State, observed that the petitioners had been in judicial custody for over two years and the charge had not been framed. The court noted that the earlier rejection was with liberty to file a fresh petition after examination of prime witnesses, but the trial had not commenced. Considering the prolonged incarceration and the delay in trial, the court allowed the petition and granted bail to the petitioners subject to conditions. The court directed the petitioners to be released on bail upon executing a personal bond for Rs.1,00,000/- each with one surety for the like sum, and imposed conditions including that the petitioners shall not tamper with prosecution witnesses, shall appear before the court on all hearing dates, and shall not leave the jurisdiction of the trial court without prior permission.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Prolonged Incarceration - Petitioners charged under Sections 120B, 302, 201 r/w 34 IPC were in judicial custody for over two years without charge being framed - Court held that continued detention without trial violates right to speedy trial and granted bail with conditions (Para 5).
Issue of Consideration
Whether the petitioners, who have been in judicial custody for more than two years without charge being framed, are entitled to bail under Section 439 CrPC.
Final Decision
Petition allowed. Petitioners to be released on bail on executing a personal bond of Rs.1,00,000/- each with one surety for the like sum. Conditions: (i) Petitioners shall not tamper with prosecution witnesses; (ii) Petitioners shall appear before the court on all hearing dates; (iii) Petitioners shall not leave the jurisdiction of the trial court without prior permission.
Law Points
- Bail
- Prolonged incarceration
- Right to speedy trial
- Section 439 CrPC
- Section 302 IPC
- Section 120B IPC
- Section 201 IPC
