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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.Vishwajith Shetty
Dhananjay Chandrashekhar Naik – Appellant
Versus
State Of Karnataka, Through Kumta Police Station – Respondent
ORDER :
S. Vishwajith Shetty, J.
1. Accused No.3 in S.C.No.27/2019 pending before the Court of Principal District and Sessions Judge, Uttara Kannada, Karwar, arising out of Crime No.74/2019 registered by Kumta Police Station, for the offences punishable under 364, 120(b), 302, 201 r/w Section 34 of INDIAN PENAL CODE , is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS 2023) seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.74/2019 registered by Kumta Police Station initially for the offence punishable under Section 363 of IPC against unknown persons based on the first information dated 17.10.2018 received from Smt.Saraswati wife of deceased Vishweshwar Bhat. During the course of investigation, petitioner was arrested on 28.10.2018. After completing investigation, charge sheet has been filed against three persons and petitioner is arraigned as accused no.3 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court was rejected and therefore, he had earlier approached this Court in Criminal Petition No.100313 of 2021, which was rejected on 22.02.2021. Thereafter, he had filed a
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 right to a speedy trial under Article 21 necessitates granting bail if prolonged detention occurs without substantive progress in proceedings.
Bail should not be a punitive measure; accused can be released if custody is unnecessary and they do not have criminal antecedents.
Court grants anticipatory bail where evidence against the accused is primarily based on suspicion.
Delay in filing FIR, alongside previous bail grants to co-accused, justified the granting of anticipatory and regular bail to the petitioners despite their criminal antecedents.
Bail is a rule and jail is an exception; prolonged incarceration without trial violates the right to personal liberty and speedy trial.
Bail granted based on lack of criminal record and time served in custody amidst circumstantial evidence in a conspiracy murder case.
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.
The court emphasized that anticipatory bail should be granted based on the nature of allegations and context, rather than solely on the severity of accusations.
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