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ANIL B. KATTI
Mahantesh – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. Petitioner/ accused filed the present petition U/s 439 of Cr.P.C. for grant of regular bail in connection with the case registered in Kundagol P.S. Crime No. 98/2022.
2. Parties to the petition are referred with their ranks as assigned in the trial Court, for the sake of convenience.
3. Heard the arguments of both sides.
4. After hearing arguments of both sides and on perusal of the records, the following points arise for consideration.
ii) What order?
5. On the strength of the complaint filed by Mahantesh son of Dilleppa Havanur criminal law was set into motion by registering the case in Kundagol P.S. Crime No. 98/2022 for the offences punishable U/s 302, 354A, 506 r/w 34 of IPC. The investigating officer after conducting investigation has filed the charge sheet. The accused is in judicial custody from the date of his arrest on 19/8/2023.
6. The complaint allegations would go to show that his step- sister Sunanda was given in marriage with Manjunath Fakirappa Menasinakai and out of wedlock they have two children by name Niranjan, 17 years and Naveen, 15 years. There was propert
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.
Delay in criminal trial has been held to be in violation of right guaranteed to an accused under Article 21 of Constitution of India.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
The severity of the offences, lack of material contradictions in witness statements, and the reasonable apprehension of witness tampering and threat to the complainant are crucial factors in determin....
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 court granted bail to the petitioners, emphasizing the lack of specific allegations against them and the application of special provisions favoring women in bail considerations.
Prima facie evidence and the potential threat posed by the accused are crucial factors in determining the grant of bail in criminal cases.
Grant of bail is the rule and refusal is the exception.
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