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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.Vishwajith Shetty
Santosh G.S. S/O. Shivanandappa S.G. – Appellant
Versus
State Of Karnataka, Rept. By State Public Prosecutor – Respondent
ORDER :
S.Vishwajith Shetty, J.
Accused in S.C. No.33 of 2021 pending before the Court of I Additional District and Sessions Judge, Dharwad, sitting at Hubballi, arising out of Crime No.121 of 2020 registered by Vidyanagar Police Station, Hubballi Dharwad, for offences punishable under Sections 302 , 307, 326 of IPC, is before this Court in this successive bail application filed under Section 439 of Cr.P.C. read with Section 483 of BNSS , 2023 seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in the present case was registered in Crime No.121 of 2020 by Vidyanagar Police Station, Hubballi Dharwad, for the aforesaid offences against the petitioner hereinafter, based on the first information dated 24.10.2020 received from Annapurna (CW1), daughter of deceased Shankrappa.
4. During the course of investigation, petitioner was arrested on 24.10.2020 and remanded to judicial custody. His bail application filed before the Trial Court was rejected. Therefore, he had approached this Court in Criminal Petition No.103053 of 2022, which was rejected on merits on 08.11.2022. Subsequently petitioner had filed a fresh bail application before this Court in Criminal Petition No.
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 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 necessitates granting bail if prolonged detention occurs without substantive progress in proceedings.
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 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 of the Constitution is paramount, and prolonged custody without trial can warrant the granting of bail.
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 severity of the charge of murder and the legal principles for granting bail in such cases were central to the court's decision.
The court emphasized that the material witnesses turning hostile and the lack of prima facie material warranted the grant of bail to the accused in a murder case.
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....
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