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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.Vishwajith Shetty
Nagaraja Nayaka, Son of Ramanaika – Appellant
Versus
State of Karnataka, By Handanakere Police Station, Represented By Spp – Respondent
| Table of Content |
|---|
| 1. procedural history of bail application (Para 1 , 3) |
| 2. arguments for and against bail (Para 4 , 5) |
| 3. details of the incident and witness examination (Para 6 , 7) |
| 4. right to a speedy trial (Para 8 , 9) |
| 5. conditions for granting bail (Para 10) |
ORDER :
S. Vishwajith Shetty, J.
Accused in S.C.No.10019/2022 pending before the Court of V Additional District and Sessions Judge, Tumkur Sitting at Tiptur, arising out of Crime No.102/2021 registered by Handanakere Police Station, Tumkur, for the offences punishable under Section 302 , 427 and 304-II of the INDIAN PENAL CODE , 1860 (for short ' IPC ') is before this Court in this successive bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .), seeking regular bail.
2. Heard learned counsel for the parties.
3. FIR in Crime No.102/2021 was registered by Handanakere Police Station, Tumkur for the offence punishable under Section 302 of IPC against the petitioner herein based on the first information dated 06.11.2021 received from Shantilal K.L., father of deceased Ashoka. During the course of investigation, petitioner herein was arrested on 06.11.2021 and subsequently, remanded
An accused's right to a speedy trial enhances their entitlement to bail when trial proceedings are excessively delayed, irrespective of the gravity of the offences charged.
The right to a speedy trial under Article 21 necessitates granting bail when material witnesses have been examined, irrespective of the seriousness of the crime.
The right to a speedy trial under Article 21 of the Constitution necessitates granting bail when the prosecution's progress is insufficient, even for serious offenses.
The right to a speedy trial under Article 21 necessitates granting bail if prolonged detention occurs without substantive progress in proceedings.
The court emphasized the right to a speedy trial under Article 21, stating that prolonged detention without trial can justify grant of bail even for serious offences.
The right to a speedy trial is a fundamental right under Article 21, ensuring personal liberty and just legal processes, which must be upheld during bail considerations.
The right to a speedy trial under Article 21 of the Constitution is paramount, and prolonged custody without trial can warrant the granting of bail.
The right to a speedy trial is fundamental, and indefinite detention without trial violates constitutional guarantees, warranting bail.
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