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SHIVASHANKAR AMARANNAVAR
Kaveri – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. This petition is filed by accused No.2 under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C .', for brevity) seeking bail in Crime No.193/2021 of Garag Police Station, registered for the offences punishable under Ss. 302, 120(B), 109 read with Sec. 34 of The Indian Penal Code (hereina fter referred to as the 'IPC', for brevity).
2. The case of the prosecution as per the charge sheet is that, complainant Siddappa is residing with his elder son Yallappa and his family members in the farm house at Mulamuttal Village and his younger son Bhimappa (deceased) was residing separately in the house at Bhajantri Oni in Mulamuttal Village with his wife Kaveri (accused No.2) and their children. The house of Shivanand (accused No.1) is ad jacent to the house of deceased Bhimappa. Since one year accused No.1 developed illicit relationship with accused No.2 who is the wife of the deceased Bhimappa which had come to the notice of complainant, Bhimappa and other family members. The said Bhimappa became angry over the said illicit relationship of his wife with accused No .1 and as a result, there were frequent quarrels between the deceased Bhimappa
Prima facie evidence and the potential threat posed by the accused are crucial factors in determining the grant of bail in criminal cases.
The main legal point established in the judgment is the reliance on circumstantial evidence, witness statements, and seized articles to establish the petitioner's involvement in the conspiracy and mu....
Bail eligibility based on circumstantial evidence and parity with co-accused.
The court established that the seriousness of the charges and the evidence of intent to cause harm are critical factors in determining bail eligibility under Section 439 of the Cr.P.C.
The main legal point established in the judgment is that the statements of eye witnesses and the nature of overt acts can be crucial in determining the involvement of the accused in a criminal offenc....
The court's decision to grant bail was based on the lack of evidence establishing the accused's intention to commit murder under Sec. 302 of IPC and the completion of the investigation.
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....
The main legal point established in the judgment is the consideration of bail in a case involving serious offences based on the evidence and circumstances, and the imposition of conditions to ensure ....
The main legal point established in the judgment is that the evidence of constant communication with the other accused and their proximity to the place of the incident can influence the decision on g....
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