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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.VISHWAJITH SHETTY,
Aruna K. S/o. Krishnegowda – Appellant
Versus
State Of Karnataka, Represented By SHO Bhadravathi Paper Town Police Station, Bhadravathi Taluk Shivamogga District – Respondent
ORDER :
(S. VISHWAJITH SHETTY, J.)
Accused Nos.1 to 3 in S.C.No.5015/2025 pending before the Court of IV Addl. District and Sessions Judge, Shivamogga (sitting at Bhadravathi) arising out of Crime.No.139/2024 registered by Paper Town Police Station, Shivamogga District for the offences punishable under Sections 103 (1), 61(2)(a) R/w 3(5) of BNS , 2023 are before this Court in these three petitions filed under Section 483 of BNS S, 2023 seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime.No.139/2024 was registered by Paper Town Police Station, Shivamogga District initially for the offence punishable under Section 103 R/w 3(5) of BNS , 2023 against the petitioners herein on the basis of first information dated 12.12.2024 submitted by Sri Krishna S/o Sundara. During the course of investigation, the petitioners herein who are arraigned as accused Nos.1 to 3 in the FIR were arrested on 14.12.2024 and subsequently they were remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against the petitioners for the aforesaid offences.
4. The bail application filed by the petitioners before the jurisdictional Sessions in S.
The court grants bail based on the petitioners' lack of prior criminal records and the protracted timeline of the trial process, emphasizing the necessity for a fair trial without undue detention.
Bail granted based on lack of criminal record and time served in custody amidst circumstantial evidence in a conspiracy murder case.
The court granted bail due to lengthy custody, similarity of allegations with a co-accused who received bail, and lack of evidence suggesting witness tampering.
The court upheld that bail should be denied in serious offences involving premeditated murder due to potential harm to the investigation and the risk of witness tampering.
The court emphasized that bail may be granted when circumstantial evidence is insufficient to establish a prima facie case against the accused.
Bail should not be a punitive measure; accused can be released if custody is unnecessary and they do not have criminal antecedents.
Bail eligibility based on circumstantial evidence and parity with co-accused.
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