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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
S.Vishwajith Shetty
Pradani @ Pintu Shekar Waghmode, S/O. Shekhar Vaghamode @ Metri – Appellant
Versus
State, Represented By The Station House Officer, Kagwad Police Station – Respondent
| Table of Content |
|---|
| 1. bail application considerations (Para 1 , 3 , 4) |
| 2. importance of speedy trials and its constitutional implications (Para 5 , 6 , 11) |
| 3. decision based on trial progress and right to bail (Para 9 , 10 , 12) |
ORDER :
1. Accused No.2 in S.C.No.5018/2022 pending before the Court of XI Additional District and Sessions Judge, Belagavi, sitting at Athani, arising out of Crime No.170/2021 registered by Kagwad Police Station, Athani taluk, Belagavi district for the offences punishable under Sections 302, 307, 341, 504, 506 read with Section 34 of Indian Penal Code, is before this Court in this successive bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 ( BNSS 2023) seeking regular bail.
3. FIR in Crime No.170 of 2021 was registered by Kagwad Police Station, Belagavi district initially for offences punishable under Sections 506, 341, 504, 143, 147, 148, 149, 307, 326 of IPC against Shekhar Mallappa Vaghamode and others based on the first information dated 13.10.2021 received from Sukhadev Shivaram Shingade, relative of deceased Eerappa Balu Shingade. During the course of investigation, petitioner herein who was arrayed accused No.2 in th
The right to a speedy trial under Article 21 necessitates granting bail if prolonged detention occurs without substantive progress in proceedings.
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 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.
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 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 of the Constitution necessitates granting bail when the prosecution's progress is insufficient, even for serious offenses.
The right to a speedy trial is a fundamental right under Article 21, and inordinate delays can justify bail, irrespective of the seriousness of the charges.
The right to a speedy trial is fundamental, and indefinite detention without trial violates constitutional guarantees, warranting bail.
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