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Jiya @ Isubu Shiyad @ Jiyas S/o. Baduvan Kunhi – Appellant
Versus
State of Karnataka – Respondent
ORDER :
This is a successive bail petition is filed under Section 439 of Cr.P.C. praying this Court to enlarge the petitioner-accused No.2 on bail in respect of Crime No. 63/2017 of Ullal Police Station, Mangaluru City for the offences punishable under Sections 120B, 143, 144, 147, 148, 341, 504, 506, 302, 307, 326 R/W 149 of IPC and Sections 3, 25(1)(1B), 7, 25(1)(1A) and 27(3) of Arms Act.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. This petition is a successive bail petition filed by the petitioner-accused No.2. Earlier, this petitioner has approached this Court filing the Crl.P.No.4023/2022 and the same was rejected vide order dated 22.06.2022 and while rejecting the bail petition, this Court referred the judgment of the Apex Court in the case of KUMER SINGH vs. STATE OF RAJASTHAN AND ANOTHER reported in 2021 (6) SCJ 227 relying upon paragraph 14 wherein it is held that it is required to be noted that all the accused are charged for the offences punishable under Sections 302, 307 read with Section 149 of IPC, the Court cannot consider the individual role of the accused and the same is not requ
Point of Law : No material is collected against this petitioner cannot be accepted when he was part of the unlawful assembly and accompanied with deadly weapons and assailants. [Para 17]
The need for a substantial change in circumstances for successive bail applications and the limited impact of the period spent in custody and the framing of charges on the bail application.
In cases where accused persons are alleged to have shared a common intention under Section 149 of IPC, individual roles may not be required to be considered for granting bail.
Successive bail applications after prior rejections require material change in circumstances; absence thereof, along with belated pleas like illegal arrest, mandates dismissal to preserve judicial di....
Point of law : discretion for grant of bail must be exercised cautiously while considering the bail petitions of the nature being dealt with.
Successive bail applications can only be considered upon a substantive change in circumstances, and violation of the right to be informed of grounds of arrest under Article 22(1) renders arrest illeg....
The court determined that prolonged detention does not automatically entitle an accused to bail when substantial evidence of guilt exists, underscoring the rights to a speedy trial within serious cri....
The court denied bail due to the serious nature of the charges and the risk of evidence tampering, emphasizing the need to balance individual liberty with justice.
(1) Bail – Object of bail is neither punitive nor preventative – Deprivation of liberty must be considered a punishment, unless it is required to ensure that accused person will stand his trial when ....
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