Basava RajS/o.Narayanapa, Parandar Village, Mugunanur Post, Hosur v. The State represented byThe Inspector of Police
Case at a glance
Outcome
Bail granted
Accordingly, this criminal miscellaneous petition is allowed and the relief of suspension of sentence and bail is granted to the petitioner on the following conditions:(i)The petitioner shall execute a bond for a sum of Rs
Provisions considered
- Code of Criminal Procedure, 1973 ss. 317, 389(1)
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 430(1)
Key paragraphs
- Para 66. On considering the rival submissions and perusing the entire materials available on record, we are of the view that the petitioner has made out a prima facie case for suspending the sentence.
- Para 77. The petitioner has raised substantial grounds in the appeal which require detailed appraisal. Moreover, the petitioner is in incarceration. Further, the appeal is not likely to be taken up in the near future. In such view of the matter, this Court is of the…
Judgment
Crl.M.P.No.3324 of 2025in Crl.A.No.596 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.11.2025CORAMTHE HONOURABLE MR JUSTICE N. SATHISH KUMARANDTHE HONOURABLE MR.JUSTICE M.JOTHIRAMANCrl.M.P.No.3324 of 2025in Crl.A.No.596 of 2024 Basava RajS/o.Narayanapa, Parandar Village, Mugunanur Post, Hosur Taluk, Krishnagiri District. Petitioner(s)/1st AccusedVsThe State represented by The Inspector of Police, Thally Police Station, Hosur, Krishnagiri District. Crime No.47 of 2017.Respondent(s)/ComplainantCivil Miscellaneous Petition filed under Section 389(1) Cr.P.C. [Section 430(1) BNSS], to suspend the sentence imposed on the petitioner by judgment dated 29.01.2024 passed in S.C.No.35 of 2018 on the file of Page 1 of 7 https://www.mhc.tn.gov.in/judis Crl.M.P.No.3324 of 2025in Crl.A.No.596 of 2024 Additional District and Sessions Court, Hosur, Krishnagiri District and to enlarge the petitioner on bail pending disposal of the above appeal. For Petitioner(s):Mr.S.SureshFor Respondent: Mr.A.DamodaranAdditional Public Prosecutorassisted by Ms.M.Arifa ThasneemORDER(Made by N.Sathish Kumar, J.)This criminal miscellaneous petition has been preferred seeking to suspend the sentence imposed on the petitioner by judgment dated 29.01.2024 passed in S.C.No.35 of 2018 on the file of Additional District and Sessions Court, Hosur, Krishnagiri District and to enlarge him on bail pending disposal of the above appeal.
The petitioner, who was the first accused in S.C.No.35 of 2018 before the Additional District and Sessions Court, Hosur, Krishnagiri District, was convicted and sentenced as follows: Page 2 of 7 https://www.mhc.tn.gov.in/judis Crl.M.P.No.3324 of 2025in Crl.A.No.596 of 2024 Provision under which convictedSentenceSection 302 r/w 34 IPCLife imprisonment and fine of Rs.2,000/-, in default to undergo six months simple imprisonment. Section 392 r/w 397 IPCSeven years rigorous imprisonment. Section 201 IPCThree years simple imprisonment. The aforesaid sentences were ordered to run concurrently.
Challenging the above conviction and sentences, the petitioner has filed Crl.A.No.596 of 2024 and Crl.M.P.No.7788 of 2024 seeking suspension of sentence and bail and the same was dismissed on 29.11.2024. The instant miscellaneous petition is the second petition seeking suspension of sentence and bail.
The learned counsel appearing for the petitioner would submit that the entire case is based on circumstantial evidence. He would further submit that in FIR, different name has been given, whereas, in PW2's evidence, the petitioner's name has been implicated and however, PW2 has not even identified the petitioner. Further, he would submit that the entire case is based on the extrajudicial confession and the alleged last seen theory, Page 3 of 7 https://www.mhc.tn.gov.in/judis Crl.M.P.No.3324 of 2025in Crl.A.No.596 of 2024inasmuch as, there are two different versions one by PW2 and other by PWs.7 to 9. It is his further submission that the petitioner is in judicial custody. Stating so, he prayed for the grant of suspension of sentence and bail to the petitioner.
The learned Additional Public Prosecutor appearing for the respondent/police has filed a counter affidavit and opposed for the grant of suspension of sentence and bail to the petitioner.
On considering the rival submissions and perusing the entire materials available on record, we are of the view that the petitioner has made out a prima facie case for suspending the sentence.
Operative part
The petitioner has raised substantial grounds in the appeal which require detailed appraisal. Moreover, the petitioner is in incarceration. Further, the appeal is not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence and bail. Page 4 of 7 https://www.mhc.tn.gov.in/judis Crl.M.P.No.3324 of 2025in Crl.A.No.596 of 20248.Accordingly, this criminal miscellaneous petition is allowed and the relief of suspension of sentence and bail is granted to the petitioner on the following conditions:
(i)The petitioner shall execute a bond for a sum of Rs.25,000/-, with two sureties, each for a like sum to the satisfaction of the Additional District and Sessions Court, Hosur, Krishnagiri District;
(ii)The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(iii)The petitioner shall appear before the respondent/police on every Monday at 10.30 a.m. until the disposal of the appeal and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court; and(iv)On breach of any of the aforesaid conditions, the learned Page 5 of 7 https://www.mhc.tn.gov.in/judis Crl.M.P.No.3324 of 2025in Crl.A.No.596 of 2024 Sessions Judge is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Sessions Judge himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].(N.S.K., J.) (M.J.R., J.) 19.11.2025nsdTo1.The Additional District and Sessions Court, Hosur, Krishnagiri District. 2. The Inspector of Police, Thally Police Station, Hosur, Krishnagiri District. 3. The Superintendent, Central Prison, Vellore. 4. The Public Prosecutor, Madras High Court, Chennai – 600 104. Page 6 of 7 https://www.mhc.tn.gov.in/judis Crl.M.P.No.3324 of 2025in Crl.A.No.596 of 2024N.SATHISH KUMAR, J.andM.JOTHIRAMAN, J.nsdCrl.M.P.No.3324 of 2025in Crl.A.No.596 of 202419.11.2025Page 7 of 7
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this criminal miscellaneous petition is allowed and the relief of suspension of sentence and bail is granted to the petitioner on the following conditions:(i)The petitioner shall execute a bond for a sum of Rs
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 317, 389(1); Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 430(1).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.