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S. VISHWAJITH SHETTY
Amit Digvekar S/O Ramachandra Bikaji Degwekar – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
1. Accused Nos.5, 7 & 17 in Special.C.C.No.872/2018 pending before the Court of Principal City Civil & Sessions Judge, Bengaluru arising out of Crime No.221/2017 registered by Rajarajeshwari Nagar Police Station, Bengaluru City for the offences punishable under Sections 302, 120B, 118, 203 and 35 IPC, Sections 25(1) and 27(1) of the Indian Arms Act, 1959 and Sections 3(1)(i), 3(2), 3(3) and 3(4) of the Karnataka Control of Organized Crimes Act, 2000 (for short ‘COCA Act’) are before this Court under Section 439 of Cr.P.C. seeking regular bail.
2. Heard the learned counsel for the parties.
3. Facts leading to filing of these petitions as revealed from the records are as follows:
Based on the complaint filed by CW.1, the Station House Officer of Rajarajeshwari Nagar Police Station, Bengaluru had registered FIR in Crime No.221/2017 against unknown persons for the offences punishable under Section 302 of IPC and Section 25 of the Arms Act.
4. Complainant/Kavitha Lankesh – CW.1 had averred in the complaint that deceased Gouri Lankesh, who was her sister, was a journalist and a progressive thinker and was residing alone in a house at Rajarajeshwari Nagar. She was often visiting the ho
Prolonged incarceration and delay in trial can justify the grant of bail, emphasizing the right to a speedy trial under Article 21 of the Constitution.
Bail – Section 436-A of Cr.P.C. does not exclude offences under NDPS Act – Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21.
The right to a speedy trial is a fundamental right; bail may be granted in narcotics cases if incarceration time exceeds reasonable limits without trial completion.
The right to a speedy trial is a constitutional guarantee, and prolonged detention without trial constitutes a violation of Article 21, warranting bail even in cases involving commercial quantities o....
In NDPS cases with intermediate contraband quantity, over one-year incarceration and trial delay violate Article 21 speedy trial right, entitling bail despite antecedents as State cannot oppose on cr....
The right to a speedy trial is a fundamental right under Article 21, and delays in trial can justify bail, even in serious offenses involving commercial quantities of narcotics.
The right to a speedy trial, as enshrined in Article 21 of the Constitution, supersedes other concerns, justifying the granting of bail despite serious charges and prolonged detention.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged incarceration without trial is impermissible.
The right to a speedy trial under Article 21 of the Constitution is fundamental; prolonged detention without trial justifies bail, regardless of the seriousness of the charges.
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