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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
VENKATESH NAIK T.
Uma W/o Santosh Padmannavar – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. Heard Sri. Sandesh Chouta, learned senior counsel for the petitioners, Smt. Kirtilata Patil, learned High Court Government Pleader for respondent No.1 – State and Sri. Srinand A. Pachhapure, learned counsel for respondent No.2.
2. This petition is filed by the petitioners – accused Nos.1, 4 and 5 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge them on bail in connection with Crime No.179 of 2024 of Malamaruthi Police Station, Belagavi, registered for the offences punishable under Sections 103 , 238, 61 read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023, pending on the file of the learned II Additional District and Sessions Judge, Belagavi, in S.C. No.22 of 2025.
3. The brief facts of the prosecution case are that, on 09.10.2024, when the first informant (CW1 – daughter of the deceased) was in Bengaluru, she received a phone call from her brother, Akul – CW24, whereby she was informed that her father had a heart attack and thereafter, she contacted her mother (accused No.1), who confirmed the same and informed that he is no more. Hence, she came to Belagavi and attended cremation of her father. After cremation, CW1 attempted to
Bail applications must consider the nature and severity of the offence, potential flight risk, and the likelihood of influencing witnesses, especially when based on circumstantial evidence.
Bail may be granted even in serious offences if the accused's fair trial rights are violated, and no compelling reason for continued incarceration exists.
The court determined that prolonged detention does not automatically entitle an accused to bail when substantial evidence of guilt exists, underscoring the rights to a speedy trial within serious cri....
The court emphasized that bail should not be granted if there is a strong likelihood of witness tampering and the accused is charged with a serious offence.
The central legal point established in the judgment is that the length of detention and the examination of material witnesses can be influential factors in the decision to grant regular bail in crimi....
The court emphasized the necessity of a fair investigation and found insufficient evidence to deny bail, allowing the petitioner to be released under specific conditions.
The presumption of innocence, the right to liberty, and the need to secure the presence of the accused for trial were central legal principles established in the judgment.
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