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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.I.ARUN
Central Bureau of Investigation – Appellant
Versus
Ashwath S. S/o Shivannagowda – Respondent
ORDER :
1. Aggrieved by the order dated 25.04.2025 passed in Special C.C.No.565/2021 on an application filed under Section 439 (2) of the Code of Criminal Procedure read with Section 483 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS' for short) by the Court of LXXXI Additional City Civil and Sessions Judge, Bengaluru, the prosecution (Central Bureau of Investigation) has filed this criminal petition.
2. On 15.06.2016, one Yogesh Gowda was found murdered and upon a complaint lodged by his wife Mallavva, Dharwad Sub-Urban Police registered a case in Crime No.135/2016 for an offence punishable under Section 302 of IPC against unknown accused and took up the matter for investigation. Subsequently, the charge sheet came to be filed as against six accused persons and trial commenced. However, in the course of the trial, the investigation came to be transferred to the Central Bureau of Investigation ('CBI' for short) on 06.09.2019, the petitioner/prosecution herein. CBI investigated the matter and came to the conclusion that accused Nos.1 to 6 were not the assailants but accused Nos.7 to 14 were the assailants and accused No.15 was the main conspirator and accused Nos.1 to 6 an
Witness tampering and influence allegations demand thorough scrutiny, and bail can be canceled on the balance of probabilities if interference with justice is established.
Cancellation of bail justified for violating conditions by threatening complainant post-release, as evidenced by recorded statement and fresh FIR; distinct from bail grant, warranted on cogent ground....
Point of Law : Right of the accused to claim bail on account of default committed by the prosecuting agency in completing the investigation within the time stipulated in the statute is a statutory ri....
Cancellation of bail requires substantial evidence of misuse or supervening circumstances; mere allegations without corroboration are insufficient.
(1) Cancellation of bail – Considerations for cancellation of bail must always be on the basis of well settled principles – Intimidation of witnesses is sufficient to revoke liberty granted.(2) Witne....
Prosecution must prove witness tampering by preponderance of probabilities for bail cancellation; mere allegations are insufficient.
Cancellation of Bail – Court while granting bail has not considered the nature and gravity of the accusations, severity of the punishment in the event of bail, likelihood of repetition of the offence....
The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
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