Back
H. P. SANDESH
Rajashekar @ Shekar – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
H.P. Sandesh, J. - This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused No.4 in Crime No.398/2017 of Mahalakshmipuram Police Station, Malleshwaram Sub-Division, Bengaluru City, for the offence punishable under Sections 143, 144, 302, 148 and 147 read with Section 149 of IPC.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent No.1-State.
3. The factual matrix of the case is that this petitioner along with other accused persons, due to prior enmity, committed murder of Andros. The case rests upon circumstantial evidence and recovery is also made at the instance of this petitioner i.e., dragger used to inflict injuries on the chest and his back.
4. The allegation against this petitioner is that, he inflicted injuries on one Andros on his back and also on his chest. Accused No.1 inflicted injuries with machete on his head. After committing murder, they left the place in an autorickshaw. It is not in dispute that the deceased Andros belong to downtrodden community i.e., SCST caste.
5. Learned counsel appearing for the petitioner submits that incident has taken place
The decision emphasizes the significance of circumstantial evidence, including CCTV footage and recovery of the deadly weapon, in determining the grant of bail in murder cases.
The specific overt-act allegation, role of the accused, and medical evidence are pivotal in deciding bail petitions for serious offences.
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....
Bail eligibility based on circumstantial evidence and parity with co-accused.
The delay in trial proceedings and the grant of bail to other accused can influence the decision to grant bail based on parity and the reliance on circumstantial evidence.
The severity of the offense and the prima facie material available on record disentitled the petitioner from obtaining bail.
The individual role of the accused is not required to be considered when they are alleged to have been part of an unlawful assembly, as established by the apex Court.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
