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K. NATARAJAN
Sadik Khan @ Sadik – Appellant
Versus
State of Karnataka – Respondent
ORDER
1. This criminal petition is filed by the petitioners/accused Nos.1 and 3 under Section 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.', for short) for granting bail in respect of Crime No.20/2021 of Electronic City Police Station, Bengaluru for the offence punishable under Sections 341, 323, 143, 144, 148, 302 r/w section 149 of Indian Penal Code, 1860 (hereinafter referred to as the 'IPC', for short) pending in SC.No.160/2021 on the file of IX Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru.
2. Heard the arguments of learned counsel for petitioner and learned High Court Government Pleader for respondent.
3. The case of the prosecution is that one Akram Pasha, brother of deceased Syed Afzal has filed complaint to the Police on 01.02.2021 alleging that when complainant was at Mahalakshmipura, he received information from his brother Syed Irfan about the assault on his another brother Syed Afzal by unknown persons. Complainant rushed to the spot and on enquiry with his brother by name Irfan who is eye witness to the incident. He told that accused persons committed murder of the deceased. After filing complaint, during investiga
The severity of the alleged crime and the lack of additional grounds for bail outweighed other considerations.
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 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 court emphasized that serious crimes with premeditated actions and potential threats to witnesses warrant denial of bail, especially when no change in circumstances is presented.
(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 ....
Point of Law : No material is collected against this petitioner cannot be accepted when he was part of the unlawful assembly and accompanied with deadly weapons and assailants. [Para 17]
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