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SANJAY KAROL, SATISH CHANDRA SHARMA
State of Karnataka – Appellant
Versus
Vinay Rajashekharappa Kulkarni – Respondent
| Table of Content |
|---|
| 1. legal basis for challenging bail order (Para 2 , 3 , 11) |
| 2. factual background of the criminal case (Para 4 , 5 , 7) |
| 3. arguments presented by parties regarding bail cancellation (Para 10 , 12 , 13 , 16) |
| 4. judicial authority on reviewing bail conditions (Para 14 , 15 , 17) |
| 5. cancellation of bail and trial continuity (Para 19 , 20 , 21) |
ORDER :
2. By way of the instant appeal, the State of Karnataka through the Central Bureau of Investigation (the “CBI”) has sought to assail the correctness of the order dated 25.04.2025 passed by the Learned LXXXI Addl. City Civil & Sessions Judge, Bengaluru (CCH-82) (the “Trial Court”) in Spl. C.C. No. 565 of 2021 (the “Impugned Order”) in relation to CBI’s application filed under Section 439 (2) of the Code of Criminal Procedure, 1973 (the “CrPC”) read with Section 483 (3) of the Bharitya Nagarik Surakha Sanhita, 2023 (the “ BNSS ”) seeking cancellation of bail granted to (i) Chandrashekhar Indi @ Chandu Mama; and (ii) the Respondent herein (the “Subject Application”).
4. Shorn of unnecessary detail(s) - the underlying FIR bearing number 135 of 2016 came to be registered at PS Dharwad Sub-Urban under Section 302 / 143 /147 /148 /
The subordinate court has jurisdiction to entertain applications for cancellation of bail granted by a higher court based on violations of bail conditions.
(1) Default bail – Courts have power to cancel bail and to examine merits of case in a case where accused is released on default bail and released not on merits earlier.(2) Deeming fiction under Sect....
(1) Cancellation of bail – Under normal circumstances, application for cancellation of bail filed on merits as opposed to violation of conditions of bail order should be placed before same Single Jud....
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
Cancellations of bail require very strong and cogent reasons, especially when considering incidents that occurred after bail was granted; mere allegations are insufficient without substantial proof.
Bail should not be cancelled mechanically; serious allegations and proper reasoning are essential for cancellation, and the learned Trial Court's discretion must be respected unless perverse.
The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
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