SURYA KANT, DIPANKAR DATTA
Munilakshmi – Appellant
Versus
Narendra Babu – Respondent
JUDGMENT :
SURYA KANT, J.
1. Leave granted.
2. This criminal appeal arises out of an order dated 12.08.2020 passed by the High Court of Karnataka at Bengaluru, whereby Respondent No. 1 was granted regular bail in trial proceedings numbered S.C. No. 1111/2021, pending before Ld. Addl. City Civil and Sessions Judge, Bengaluru. The said trial has emanated from Crime No. 151/2019 dated 21.12.2019 registered at Police Station Vyalikaval, Bengaluru under Sections 109, 120B, 201, 302, 450, 454 read with Section 34 of the Indian Penal Code [Hereafter ‘IPC’].
(A) FACTS:
A.1. FACTUAL MATRIX BEFORE THE GRANT OF BAIL
3. Marriage between Vinutha M. and Respondent No. 1 was solemnised in the year 2006. A male child was born from the wedlock in the year 2009. It is alleged that Respondent No. 1 was having an extramarital affair. He and his family members allegedly started harassing Vinutha M. soon after the birth of their child and pressurised her to sign the divorce papers. She, therefore, started living separately on the first floor of the matrimonial home.
4. Vinutha M. filed multiple criminal complaints of harassment including alleged attempts made on her life against Respondent No. 1 and his fami
Lalita Kumari vs. Government of U.P. and Others
Sanjay Chandra vs. Central Bureau of Investigation
Siddharam Satlingappa Mhetre vs. State of Maharashtra and Others
Dolat Ram and Others vs. State of Haryana
(1) Bail – If a witness turns hostile for extenuating reasons and is reluctant to depose unvarnished truth, it will cause irreversible damage to administration of justice and faith of society at larg....
Point of Law : Right of the accused to claim bail on account of default committed by the prosecuting agency in completing the investigation within the time stipulated in the statute is a statutory ri....
Cancellation of bail – Interference or attempt to interfere with due course of investigation or administration of justice is one of prominent factors for cancellation of bail.
Cancellation of Bail – Court while granting bail has not considered the nature and gravity of the accusations, severity of the punishment in the event of bail, likelihood of repetition of the offence....
The main legal point established is that the grounds for granting and cancelling bail should consider the seriousness of the offence, nature of evidence, and likelihood of interference with justice.
The main legal point established in the judgment is that the seriousness of the offence, the nature of the evidence, and the likelihood of the accused interfering with the process of justice are cruc....
Cancellation of bail requires compelling evidence of misconduct or supervening circumstances affecting fairness of trial; mere subsequent offenses do not suffice.
Bail – Period of long undertrial detention alone is not a ground to grant bail to accused—Gravity of offence alleged against accused is also a criterion to be considered by Court while deciding bail ....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.