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SREENIVAS HARISH KUMAR
Shivamurthy Murugha Sharanaru – Appellant
Versus
State of Karnataka Through Chitradurga Rural Police Station – Respondent
ORDER
Criminal Petition No.5031/2023 is filed under Section 439 of Cr.P.C., Criminal Appeal No.1230/2023 is filed under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘Atrocities Act’ for short), challenging the order dated 31.01.2023 in Crl.Misc.No.1394/2022. The petitioner in Crl.P.No.5031/2023 and the appellant in Crl.A.No.1230/2023 is the same person (he is referred to accused No.1 for the sake of convenience). He filed two criminal miscellaneous petitions 1394/2022 and 1395/2022 under Section 439 of Cr.P.C., before the II Additional District and Sessions Judge and Special Court, Chitradurga, seeking bail and as they were dismissed, he has approached this court. As two cases arise out of FIR No.387/2022 registered by Rural Police Station, Chitradurga, they are disposed of by a common order.
2. The prosecution case, stated briefly, is as follows:
Two girls, A and B were inmates of Akkamahadevi Hostel run by Murugharajendra Mutt, Chitradurga when they were students of a high school. On 24.07.2022, A and B left the hostel around 04.30pm and reached Bengaluru around 10.00pm. An auto rickshaw driver took
(1) Bail – At stage of deciding an application for bail, it is not necessary to hold a mini trial – Deciding application for bail stands on a different pedestal than deciding a criminal case after co....
The seriousness of the allegations, including gang rape, influenced the court's decision in revoking the interim bail for two of the petitioners while granting bail to the others.
Law of bail deals with two complicating interests, i.e. societal interest to cure hazards of crime and to avoid repeating of the same and on the other hand principle of criminal jurisprudence referri....
Grant of Bail - Bail is not to be withheld as a punishment.
Point of Law : grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decision....
Anticipatory bail can be granted in offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1985 where prima facie offence under Atrocities Act are not made out.
The main legal point established in the judgment is that the authenticity and timing of allegations, specificity of the allegations, and presence of independent witnesses are crucial factors in deter....
Alteration of charge – Charge can be altered even after trial has progressed to a large extent.
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