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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH
Karthik @ Purushotham, S/o. Late Veeresh Babu – Appellant
Versus
state of karnataka, Rep. By Special Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. fact summary of the bail petition (Para 1 , 2) |
| 2. arguments for and against granting bail (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. court's analysis of evidence and trial timeline (Para 14 , 15 , 16 , 17 , 18) |
| 4. conclusion and order of the court (Para 19) |
ORDER :
H. P. SANDESH, J.
1. Heard learned counsel for the petitioner and learned Special Public Prosecutor for the respondent-State.
2. This bail petition is a successive bail petition filed by accused No.4. The accused earlier had approached this Court by filing Criminal Petition No.9687/2021 and the same was dismissed vide order dated 18.02.2022 and while rejecting the same, this Court has taken note of the fact that prosecution mainly relies upon the CCTV footage with regard to taking the victim in a car by the petitioner and accused Nos.1 and 2. It is also the case of prosecution that, in order to screen the evidence, wallet belonging to the victim was given to petitioner and the petitioner, in turn gave it to accused No.3. The Accused No.3 is the architect in committing the murder, who gave supari to accused persons and the same is recorded in CCTV footage which is collected by the prosecution. Apa
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....
Delay in criminal trial has been held to be in violation of right guaranteed to an accused under Article 21 of Constitution of India.
Point of law : discretion for grant of bail must be exercised cautiously while considering the bail petitions of the nature being dealt with.
In murder cases, prolonged pre-trial detention and trial delays do not warrant bail if prima facie involvement exists, offence gravity high, tampering risk present, and custody serves justice.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
The severity of the charges and the prima facie satisfaction of the court in support of the charge are crucial in deciding bail applications in serious offences.
The decision emphasized the importance of considering the nature of the offence, severity of the punishment, and the likelihood of the accused interfering with the process of justice when deciding on....
The court ruled that the applicant, as the prime accused in serious offences, cannot be granted bail due to the risk of trial tampering and his history of absconding, despite delays in the trial proc....
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