Accused enlarged on bail in light of his extra judicial confession before a witness being subject to the test of cross-examination

Karnataka High Court: While deciding a criminal petition, a Single Judge Bench of Rathnakala, J. enlarged the petitioner on bail holding that there was no impediment to allow the petition.

The petition was filed under S. 439 of CrPC praying to enlarge the petitioner on bail in a criminal case for offences punishable under Sections 120B, 201, 302  IPC. The allegation was that the accused invested money with the deceased. Since the deceased was not able to return the money, the accused decided to finish him off. The accused strangulated the deceased and assaulted him with lethal weapons.

The Court after considering the record and the submissions made by the parties, held that the extra judicial confession alleged to be made by the petitioner before CW3 was a matter which was to be subjected to cross-examination during trial. Further, there were no eyewitnesses to the incident.

In light of the above circumstances, the Court held that there was no impediment to allow the petition. Accordingly, the petitioner was enlarged on bail subject to the conditions imposed. [Ravi v. State of Karnataka, Criminal Petition No. 5891 of 2017, dated September 21, 2017]

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