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SHIVASHANKAR AMARANNAVAR
Umesh – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. The Criminal Petition No.102388/2022 is filed by accused No.1 and Criminal Petition No.102683/2022 is filed by accused No.2. Both the petitions are filed under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for brevity) seeking bail in crime No.7/2022 of Sankeshwar Police Station registered for the offences punishable under Ss. 120(B) , 451 and 302 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter referred to as ' IPC ', for brevity) and Sec. 3 read with Sec. 25(1B) (a) of Indian Arms Act , 1959.
2. The case of the prosecution is that, one Shivanand Kempanaik Sangnaik of Savadatti has filed complaint stating that one Smt. Shailaja Niranjan Subedhar is his distinct relative as aunty and she lost her husband 15 years back and she has no children and hence, she is residing alone at Badakundi of Hukkeri taluk.
He will assist her whenever she called due to her alone living. She for her livelihood, has been doing money business with known persons and on 10/1/2022, she was at her home, she called him and informed him that one Ravi Rathod of Gadahinglaz took Rs.20,00,000.00 from her and he will return that amount in this wee
Prima facie evidence based on charge-sheet material is crucial in determining bail eligibility in serious criminal cases.
(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 ....
The main legal point established in the judgment is the court's discretion to grant bail based on prima facie evidence and the petitioner's habitual criminal behavior.
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.
In double murder cases punishable by death, bail denied where prima facie circumstantial evidence establishes involvement, despite trial delay, emphasizing gravity of offence and punishment severity.
The gravity of the offence, the sequence of events, and the evidence collected by the CBI are crucial factors in determining the bail application.
Mistaken shooting of concealed human for wild fowl during hunting is culpable homicide not murder per BNS Section 100 illustration (c); post-mortem body mutilation bailable under Section 238; gruesom....
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