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V. SRISHANANDA
Yunus Ahmed – Appellant
Versus
State of Karnataka By Chitradurga Rural Police – Respondent
ORDER
V. Srishananda, J.
Heard Sri. Hasmath Pasha, learned Senior Counsel for the revision petitioner and learned High Court Government Pleader.
2. Criminal petition is filed under Section 439 of Cr.P.C., with the following interim prayer.
3. Facts in brief, which are utmost necessary for disposal of the bail petition are as under:
Chithradurga Rural Police registered a case in Crime No.133/2024 for offences under Sections 427, 504, 143, 147, 148, 149, 395, 448, 307, 323, 324 of Indian Penal Code, on 02.04.2024 at about 8:30.p.m., based on the complainant lodged by B.H.Gowdru alias B. Facts further reveal that there was an incident that had occurred at about 2:30.p.m., on 02.04.2024, where under a Muslim Woman by name Farzana Khanum had a conversation with B.H.Gowdru alias B. At that juncture, about 18 to 20 persons from Muslim community people have forcibly ingressed to the compound wall of the house of B.H.Gowdru and took serious objection in having a conversation with Muslim Woman.
4. It is also contented that the mob assaulted with hands and legs and stones and had a Neck Chain weiging of 55 grams, One Bracelet of 30 grams and Two Rings of 20 grams and Cash of Rs.40,000/- from his p
The court established that bail can be granted even in serious cases if the evidence does not support the most severe charges and if the accused have no prior criminal history.
The severity of the offense and the prima facie material available on record disentitled the petitioner from obtaining bail.
There is considerable progress in the investigation. So, in the facts and circumstances of the case, petitioners are entitled to be enlarged on bail on certain conditions.
The court considered the progress in the investigation, the discharge of the injured from the hospital, and the examination of material witnesses as grounds for granting bail to the petitioners.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy and the offences are triable by a magistrate, highlighting the importance of the righ....
Bail is declined when a trial is at an advanced stage (313 Cr.P.C.) to prevent potential hindrance to the judicial process, provided the trial court is directed to complete the case within a specifie....
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