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THE HIGH COURT OF KARNATAKA
M.I.ARUN
CHANNAKESHAVA B TINGARIKAR – Appellant
Versus
CENTRAL BUREAU OF INVESTIGATION – Respondent
| Table of Content |
|---|
| 1. background facts of the murder case and bail. (Para 1 , 2) |
| 2. bail granted under conditions; implications of influence. (Para 3 , 4) |
| 3. influence allegations and prosecution's response. (Para 5 , 7 , 8) |
| 4. standards for cancelling bail. (Para 9 , 10 , 11 , 12) |
| 5. conclusion and order to reinstate bail. (Para 14) |
ORDER :
M.I.ARUN, J.
One Yogesh Gouda was murdered on 15.06.2016. The petitioner was one of the Investigation Officer who investigated the murder. After investigation, charge sheet was filed accusing six persons of being involved in the murder of the said Yogesh Gouda. Allegations were also made against a sitting Member of Legislative Assembly ('MLA' for short), certain Police Officers including the petitioner herein and few other persons of trying to cover up the murder and it was alleged that the main conspirator of the murder was one of the sitting MLA of the State of Karnataka, and ultimately, the case was transferred to the Central Bureau of Investigation ('CBI' for short) for fresh investigation. The CBI, after due investigation, has made twenty one persons as accused involved in the murder of Yogesh Gouda and also for trying to protect the real accused. T
Prosecution must prove witness tampering by preponderance of probabilities for bail cancellation; mere allegations are insufficient.
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....
Witness tampering and influence allegations demand thorough scrutiny, and bail can be canceled on the balance of probabilities if interference with justice is established.
Valid and substantiated allegations are required to justify the cancellation of bail, and compliance with bail conditions can be a relevant factor in such decisions.
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....
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....
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