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M. S. KARNIK
Iranna Gaud Alias Budiya – Appellant
Versus
Police Inspector – Respondent
JUDGMENT/ORDER
1. Heard learned Counsel for the applicant and learned Additional Public Prosecutor for the respondents-State.
2. My attention is invited to the order dtd. 26/4/2021 passed by this Court permitting the applicant to file an application for bail once the trial Court frames the charges. Thereafter, the Criminal Application (Bail) No. 808 of 2021 (F) was filed for bail which was disposed of by an order dtd. 18/4/2022. This Court held thus : "P.C.:
2. I have heard the learned counsel for the parties and perused the record.
3. It is submitted by the learned Counsel for the applicant that the case is based on circumstantial evidence as there is no eye witness account of the incident available on record. It is stated that the main confession, made to the witness Shri Danayya Virupakshayya Hunasagimath and a recovery of the weapon under Sec. 27 of the Evidence Act at the instance of the applicant. It is submitted that circumstances are not sufficient to show complicity of the app
The court established that in cases involving serious charges and circumstantial evidence, the potential for flight and the need for a fair trial can outweigh the applicant's right to bail.
The severity of the charge of murder and the legal principles for granting bail in such cases were central to the court's decision.
The accused's right to a speedy trial and the duty of the prosecution and the court to expedite the trial.
The court established that the discretionary nature of bail under Section 437(6) of the Cr.P.C. allows for denial even if the trial exceeds 60 days, based on the circumstances of the case.
Court has clarified in numerous judgments that the liberty guaranteed by Part III of the Constitution would cover within its protective ambit not only due procedure and fairness but also access to ju....
The legal position relating to grant of bail in heinous offences like murder was emphasized, highlighting the need for prima facie reasonable grounds to believe that the accused had committed the off....
Prolonged detention without trial infringes the constitutional right to liberty and a speedy trial, necessitating bail for the accused.
Grant of Bail - Period of incarceration of applicant almost seven years and there are total 15 prosecution witnesses out of them all fact witnesses have been examined and examination of other witness....
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