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H. P. SANDESH
Hari Prasad @ Avinash – Appellant
Versus
State of Karnataka By Shivamogga Rural Police Station Rep. By State Public Prosecutor – Respondent
JUDGMENT/ORDER
H.P. Sandesh, J. - Heard the learned counsel for the petitioner and learned High Court Government Pleader appearing for the respondent-State.
2. This is a successive bail petition filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.273/2021 of Shimoga Rural Police Station, for the offences punishable under Sections 114, 120-B, 448, 397, 395 and 201 of IPC.
3. This petitioner, earlier had approached this Court by filing Crl.P.No.7567/2021 and the same came to be dismissed on 12.01.2022. Thereafter, this petitioner had approached this Court by filing Crl.P.No.6911/ 2022 and the same was also dismissed on 10.08.2022 and this a third successive bail petition before this Court.
4. Learned counsel appearing for the petitioner would vehemently contend that, accused Nos.2 and 5 have been enlarged on bail by a Co-ordinate Bench and hence, this petitioner is also entitled for bail on the ground of parity. The counsel also would submit that, incident has taken place on 03.08.2021 and according to the police, they found this petitioner and other accused persons on 15.08.2021. But, before that, notice was given to one Latha stating that, this petitio
The gravity of the offense, the role of the accused as the mastermind, and the lack of changed circumstances are crucial factors in determining bail eligibility.
In cases where accused persons are alleged to have shared a common intention under Section 149 of IPC, individual roles may not be required to be considered for granting bail.
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....
The court cannot grant bail on the ground of parity if the specific overt acts and the severity of the injuries sustained do not warrant bail.
Though accused has right to make successive applications for grant of bail, court entertaining such subsequent bail applications has a duty to consider reasons and grounds on which earlier bail appli....
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]
Point of law : discretion for grant of bail must be exercised cautiously while considering the bail petitions of the nature being dealt with.
The main legal point established in the judgment is that bail is the rule and jail is an exception, especially in cases where there is delay in concluding the trial and no conclusive evidence connect....
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