Case Note & Summary
The petitioner, Allabaksh, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the order dated 12.08.2016 passed by the learned Sessions Judge, Yadgir, in Special Case No.56/2016, which rejected his bail application. The petitioner was an accused in Crime No.24/2016 of Kodekal Police Station for offences punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code, 1860. The facts of the case are that on 14.05.2016, the complainant filed a complaint alleging that on 01.05.2016, one Goudappa had filed a missing complaint of his brother Govindappa. On 13.05.2016, when the complainant and family members were at home, one Manjunath, a relative, informed them that he and the petitioner were sitting on the Katta of Hanuman Temple, and the petitioner told him that he had illicit intimacy with one Smt. Mallamma, whose husband had killed Govindappa. The petitioner was arrested and his bail application was rejected by the Sessions Court. The High Court, after hearing the parties, observed that the case was based on circumstantial evidence and the only material against the petitioner was an extra-judicial confession made to Manjunath, which was not corroborated by any other evidence. The court held that such a confession alone cannot form the basis for denial of bail and that the Sessions Court had not considered the material on record properly. Consequently, the High Court allowed the petition, quashed the impugned order, and directed the release of the petitioner on bail subject to certain conditions.
Headnote
A) Criminal Procedure Code - Quashing of Order - Section 482 CrPC - Bail - The petitioner sought quashing of Sessions Court order rejecting bail in a murder case. The High Court held that the order was passed without considering the material on record and the petitioner was entitled to bail as there was no prima facie case against him. (Paras 1-5) B) Evidence - Circumstantial Evidence - Murder - The case was based on circumstantial evidence, and the only material against the petitioner was an extra-judicial confession made to a relative, which was not corroborated. The court held that such confession alone cannot form the basis for denial of bail. (Paras 2-4)
Issue of Consideration
Whether the order dated 12.08.2016 passed by the Sessions Judge, Yadgir, in Special Case No.56/2016, rejecting the petitioner's bail application, is liable to be quashed under Section 482 CrPC.
Final Decision
The petition is allowed. The order dated 12.08.2016 passed by the learned Sessions Judge, Yadgir, in Special Case No.56/2016 is quashed. The petitioner is directed to be released on bail on executing a personal bond of Rs.1,00,000/- with two sureties, subject to conditions including appearing before the court and not tampering with evidence.
Law Points
- Section 482 CrPC
- quashing of order
- bail
- prima facie case
- murder
- circumstantial evidence
