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V. SRISHANANDA
Lakshmisha – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
V. Srishananda, J. - Heard Sri.Chandan B.K. for Smt. Sruti C Chaganti, learned counsel for the petitioner and Sri. Vishwamurthy S, learned HCGP for the first respondent-State and perused the records.
2. Present petition is filed under Section 439 of Cr.P.C. with the following prayer:
'Wherefore, the petitioner humbly prays that this Hon'ble Court be pleased to enlarge the petitioner/accused No.2 on bail in S.C.No.15010/2020 in Cr.No.102/2019 registered by the respondent police for offences punishable under Sections 120-B, 114, 302 and 34 of Indian Penal Code, 1860 pending on the file of the Learned V additional District and Sessions Judge, Bangalore Rural, at Devanahalli, and pass such other order/s in the circumstances of the case, in the interests of justice'.
3. The brief facts of the case are as under:
The complaint came to be lodged by Sri.Naveenkumar son of late Narayanaswamy on 24.12.2019 to Chennarayapatna police contending that the complainant is residing in Tumkuru for his avocation and his mother residing in Kaggalahalli and she was looking after the agricultural operation and also dairy operation. On 23.12.2019, he had spoken to his mother and thereafter, he receive
The recovery of incriminating evidence, including the murder weapon and blood-stained clothes, along with the gravity of the offense, influenced the court's decision to dismiss the bail petition.
It is settled principles of law that in a circumstantial evidence, petitioner/accused would not be entitled to grant of bail straight away.
The main legal point established is that the grant of bail should consider the accused's criminal antecedents, presence in the FIR, and the potential prejudice to the trial if findings are made at an....
Prima facie evidence based on charge-sheet material is crucial in determining bail eligibility in serious criminal cases.
The main legal point established in the judgment is that the presence of sufficient prima-facie evidence pointing towards the guilt of the accused persons is a valid ground for rejecting a bail appli....
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