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H. P. SANDESH
Abdul Majeed, S/o. Late Abdul Waheed – Appellant
Versus
State of Karnataka, By Udayagiri Police Station, Represented by Learned State Public Prosecutor – Respondent
ORDER :
Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the State.
2. This is a successive bail petition and earlier, this Court considered the bail petition filed in Crl.P.No.4008/2022 on merits after filing of the charge-sheet and dismissed the same vide order dated 01.07.2022 and now the present successive bail petition is filed contending that the name of this petitioner is not mentioned in the FIR and also in the requisition Form No.146(i) and (ii) sent to doctor for post-mortem which is prepared after inquest. It is also contended that at the earliest point of time when the injured deceased was taken to Narayana Hrudalaya hospital and got admitted, while giving history, the name of the petitioner is not mentioned as one of the assailant and only this petitioner has been implicated after five days of the incident that is on 20.08.2021. Only one eye-witness i.e., CW19 though his statement alleged to have been recorded on 16.08.2021, there is no reference in any of the remand application in the case diary for having recorded on that day and no details in remand applications dated 16.08.2021 and 20.08.2021 and no ov
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.
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....
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 court cannot grant bail on the ground of parity if the specific overt acts and the severity of the injuries sustained do not warrant bail.
Though accused has right to make successive applications for grant of bail, court entertaining such subsequent bail applications has a duty to consider reasons and grounds on which earlier bail appli....
(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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