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H. P. SANDESH
Suresh H. G. Alias Suri – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. This petition is filed under Section 439 of Cr.P.C., seeking regular bail of the petitioner/accused No. 2 in Crime No. 191/2021 of Gowribidanur Rural Police Station, Chickballapura District, for the offences punishable under Sections 120B, 302, 201 read with 34 of IPC.
2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.
3. The factual matrix of the case of the prosecution is that accused No. 1 married C.W.17; 5 to 6 years ago, they lived together for a period of one year. Thereafter, accused No. 1 left the matrimonial home and she was staying in her parental house. It is an allegation that she has developed the illicit relationship with accused No. 2 and she used to take him to Andhra Pradesh. It is also an allegation that apart from her illicit relationship with accused No. 2, she is having an illicit relationship with her distant relative i.e., the brother of C.W.22. When accused No. 2 came to know about the same, instructed accused No. 1 not to talk with him. That on 03.08.2021, accused No. 2 went to the native village of accused No. 1, insisted C.W.25 and her husband to send accused
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.
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 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....
Bail may be granted if there are insufficient grounds for custodial interrogation, particularly after a charge sheet is filed and no serious overt acts are alleged against the accused.
The significance of motive in completing the chain of circumstances in cases based on circumstantial evidence.
The court considered the delay in trial conclusion, contradictory statements by the prosecution, absence of autopsy report, and the impact of the COVID-19 outbreak on the trial in granting regular ba....
The main legal point established is that the grant of bail is influenced by the presence of prima facie evidence and the gravity of the offenses, with the court imposing conditions to safeguard the i....
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