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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SHIVASHANKAR AMARANNAVAR
Hanumanth Naik H R S/o Roopla Naika – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
SHIVASHANKAR AMARANNAVAR, J.
This petition is filed by the petitioner -accused No.1 praying to grant bail in Crime No.244/2023 of Tunga Nagar Police Station, Shivamogga pending in S.C.No.11/2024 on the file of II Additional District and Sessions Judge, Shivamogga registered for offences punishable under Sections 302 , 450, 396, 120-B. 201 of IPC .
2. Heard learned Senior Counsel for the petitioner and learned Additional SPP for the respondent –State.
3. Learned Senior Counsel for the petitioner would contend that the case of the prosecution is based on circumstantial evidence. Except recovery of cash, no other circumstances against the petitioner. The petitioner is not having any criminal antecedents. The petitioner is in judicial custody since 02 years 05 months and trial is not yet commenced. The petitioner met with road traffic accident 03 years ago and sustained injury to knee. He has been operated and implant has been fixed. The said implant requires to be removed by surgery. The petitioner is having L4-L5 disc bulge. He is treated in the jail hospital and he requires further treatment in the higher center. The accusation against the petitioner is that he held legs of the
The court ruled that the seriousness of charges and ongoing risk to witnesses outweigh the defendant's custody length and medical claims, justifying bail denial.
The court affirmed that in serious offenses, circumstantial evidence and severity of potential punishment must prevail in bail considerations, denying the petitioner's release amid serious accusation....
The main legal point established in the judgment is that bail is the rule and jail is an exception, especially in cases where there is delay in concluding the trial and no conclusive evidence connect....
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....
Bail granted in murder case due to hostile key witness rendering prima facie accusation doubtful, prolonged incarceration over four years amid delayed trial, no antecedents, upholding Article 21 pers....
The severity of the charge of murder and the legal principles for granting bail in such cases were central to the court's decision.
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