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MERELY BECAUSE ONE WITNESS HAS TURNED HOSTILE DOES NOT ENTITLE THE PETITIONER TO SEEK BAIL SAYS: KARNATAKA HC

In the matter of Saddam Hussain @ Saddam vs State Of Karnataka on 23 November, 2022(CRIMINAL PETITION NO.9337 OF 2022) presided by THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR it is stated that This criminal petition is filed under Section 439 Cr.P.P., praying for extension of bail of the complainant in cr.no.125/2019 registered by police station Sampigehalli, Bengaluru for offense p/u/s 397, 302 and 201 read with 34 of the IPC, is pending before the LXVI Additional City Civil and Sessions Court, Bengaluru in S.C.No.39/2020. 

FACTS OF THE CASE 

The simple case of the prosecution is that on 08.07.2019 between 9.12 PM and 9.15 PM the appellant caused the death of one Gnanendra Reddy while committing robbery. Sri Manoj S N submits that CW1 to 9 are shown as eye witnesses. PW1 who is CW2 became hostile. The prosecution was unable to secure the presence of other witnesses. The petitioner has been in jail for the last 3 years and therefore may be released on bail subject to any strict conditions. 

JUDGMENT 

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR observed that 

After hearing both sides, it can be concluded that merely because one witness has turned hostile does not entitle the petitioner to seek bail. While disposing of earlier bail petitions, prima facie materials are clearly held to be against the petitioner. At this stage, I do not find a changed circumstance for admitting the petitioner to bail. The hostility of one witness cannot be considered. Therefore, the petition is dismissed. 

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JUDGEMENT REVIEWED BY HARSHA L NALWAR 

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