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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SHIVASHANKAR AMARANNAVAR
Gokul Krishna @ Gokul S/o Shaktivelu – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
SHIVASHANKAR AMARANNAVAR, J.
This petition is filed by accused Nos.6 and 7 under Section 483 of BNSS praying to grant bail in Spl.C.C.No.2055/2024 (Crime No.353/2024 of Banaswadi Police Station) pending on the file of Prl.City Civil and Sessions Judge, Bengaluru for the offence punishable under Sections 37 , 120-B, 143, 144, 147, 148, 341, 201, 302, 506 read with Section 149 of IPC , Section 27 (3) of Indian Arms Act, 1959 and Section 3(1)(i), 3(2), 3(4) of Karnataka Control of Organized Crime Act, 2000 (for short ‘KCOCA’).
2. Heard learned counsel for the petitioners and learned Addl.SPP for respondent – State.
3. Learned counsel for the petitioners would contend that as per averments of the complaint filed by the wife of deceased, she came to know about the incident through Manu (CW.2) that 4 to 5 unknown persons assaulted the deceased. The said Manu (CW.2) is an eye witness to the incident, but he has disclosed the names of assailants to wife of the deceased. In the spot mahazar as well as requisition for P.M. examination, there is no mention of any assailants and assault is stated to be by unknown persons. CW.2 in his statement recorded on 07.05.2024 has disclosed the names
Bail applications in serious criminal cases require careful consideration of evidence and their implications for witness safety, as confinement remains the default in cases involving severe charges.
Bail may be granted if there are insufficient grounds for custodial interrogation, particularly after a charge sheet is filed and no serious overt acts are alleged against the accused.
The court ruled that accused not directly involved in a crime may be entitled to bail based on parity with co-accused and excessive duration of custody without trial progression.
The court established that the mere pendency of multiple criminal cases does not automatically justify the denial of bail, and emphasized the importance of proper procedure in recording confessions f....
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