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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MOHAMMAD NAWAZ
Indu Chauhan @ Indu, W/o. Late Devender Singh – Appellant
Versus
State of Karnataka, Amruthahalli Police Station, Bengaluru City, Rep. By State Public Prosecutor, High Court, Bengaluru – Respondent
| Table of Content |
|---|
| 1. bail petition procedural context. (Para 1 , 2) |
| 2. history of bail applications denied. (Para 3 , 4) |
| 3. factual background of the case. (Para 5 , 6) |
| 4. petitioner's arguments for bail. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 5. court's reasoning for bail decision. (Para 13 , 15 , 16 , 17 , 18) |
ORDER :
(MOHAMMAD NAWAZ, J.)
This successive bail petition is preferred under Section 439 of Cr.P.C ., praying to enlarge the petitioner- accused No.3 on bail in S.C.No.877/2021 pending on the file of LXII Additional City Civil and Sessions Judge at Bengaluru City, arising out of Cr.No.18/2021 registered at Amruthahalli Police Station, Bengaluru City.
2. Heard the learned counsel appearing for the petitioner, learned Special Prosecutor for the respondent – State and perused the material on record.
3. Petitioner had earlier approached this Court for similar relief. Crl.P.No.9775/2022 was dismissed on merits vide order dated 20.4.2023. Thereafter, the petitioner approached the Hon’ble Apex Court in Special Leave to Appeal (Crl.) No.12281/2023. The Hon’ble Apex Court dismissed the said petition vide order dated 4.12.2023, permitting the petitioner to renew her request if the trial did not com
The right to speedy trial under Article 21 mandates consideration of pre-trial detention length, especially for women with dependents, justifying bail in serious cases with significant delays.
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 right to a speedy trial under Article 21 necessitates granting bail if prolonged detention occurs without substantive progress in proceedings.
Bail applications must consider the distinct roles of accused individuals, particularly in serious crimes, prioritizing gravity and witness safety over parity or prolonged incarceration.
A subsequent bail application requires a material change in circumstances; the gravity of the offence can preclude bail even after prolonged custody.
Subsequent bail applications require material change in circumstances; courts cannot review prior orders or appreciate trial evidence at bail stage.
Grant of Bail - Trial is in progress and if such findings are allowed to stand it would seriously prejudice the prosecution case. At the stage of granting of bail, the court can only go into the ques....
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