Bail denied due to pendency of recording of evidence of the complainant witnesses

Karnataka High Court: A Single Judge Bench comprising of Budihal R.B., J., decided a criminal petition filed under Section 439 of CrPC, wherein bail was denied to the petitioner-accused in light of the fact that evidence of complainant witnesses was yet to be recorded.

The petitioner was co-accused in a criminal case registered under Sections 143, 144, 147, 148, 120(B) and 302 read with Section 149 of IPC. The petitioner had approached the Court for bail on an earlier occasion, however, his prayer was not granted. Subsequently, other co-accused were released on bail. The petitioner, in the changed circumstances, filed the instant petition praying to be enlarged on bail on grounds of parity. Learned High Court Government Pleader submitted that the weapon used in the alleged crime was recovered at the instance of the petitioner and hence, his case was not to be considered in parity of the other accused.

The High Court perused the record as well as submissions made on behalf of the parties, and found that the Court, in its earlier order referred to above, considered the entire merit of the case and rejected the bail petition. However, liberty was given to the petitioner to file fresh bail petition after recording of evidence of complainant witnesses. It was an undisputed fact that the evidence of the said witnesses was yet to be recorded. Therefore, the Court was of the opinion that it was not a fit case to exercise judicial discretion in favor of the petitioner-accused. Accordingly, bail was denied and petition was dismissed. [Philips alias Puli v. State, Crl. Petition No. 8243 of 2017, order dated 25.01.2018]

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