Criminal appeal against rejection of bail. The High Court held that given the gravity of gang rape offences involving a SC victim, negative medical evidence, and established Supreme Court precedents, the case was not fit for bail.
Appeal dismissed; bail to appellants denied; long-standing judicial custody continued.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.A.No.1441/2021
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY 2022
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL APPEAL NO.1441/2021
BETWEEN:
BOTH RESIDING AT R/O HONAGANAHALLI VILLAGE CHINAKURALI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT – 571 434 ... APPELLANTS
(BY SRI.BASAVARAJ V SAPPANNAVAR, ADV.)
AND
CRL.A.No.1441/2021
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CHINAKURALI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT – 571 434 ... RESPONDENTS
(BY SRI.SHANKAR H S, HCGP FOR R1; R2 SERVED AND UNREPRESENTED)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC-ST ACT PRAYING TO ENLARGE THE APPELLANTS/ACCUSED NOS.1 AND 2 ON BAIL IN PANDAVAPURA POLICE STATION, CR.NO.140/2021 BY SETTING ASIDE ORDER DATED 23.07.2021 IN SPL.CASE NO.111/2021 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS COURT, MANDYA FOR THE OFFENCE PUNISHABLE UNDER SECTION 376D READ WITH 34 OF IPC AND UNDER SECTION 3(1)(w) AND 3(2)(va) OF SC/ST (POA) ACT.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT THROUGH VIDEO CONFERENCE DELIVERED THE FOLLOWING:
JUDGMENT
Learned High Court Government Pleader submits report of service of notice on respondent No.2. Respondent No.2 served absent.
for grant of bail, the accused in Spl.C.No.111/2021 on the file of V Additional District Judge, Mandya have preferred the above appeal.
CRL.A.No.1441/2021
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CW-2 is Deaf and Dumb and belongs to the Scheduled Caste. On 01.04.2021 at about 3.00 p.m. when she was going near the lake to graze the cattle in Sy.No.116 of Honaganahalli village, the accused committed gang rape on her.
CRL.A.No.1441/2021
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grounds to believe that the appellants have committed the offences alleged against them.
CRL.A.No.1441/2021
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incident. CW.13 conducted the test identification parade and the appellants were said to be identified by the victim.
Sd/JUDGE
PKN
1 (2018) 12 SCC 129
3 issues framed by the court
Whether bail can be granted in a case involving gang rape under Section 376D IPC and SC/ST POA Act considering the gravity of the offence and delay in trial.
Whether negative medical evidence obtained after four days affects the conclusion to deny bail.
Whether the delay in trial constitutes a ground to grant bail in heinous offences.
Colour shows how this judgement treated each authority
Anil Kumar Yadav Vs. State (NCT of Delhi) and AnotherDistinguished¶11
(2018) 12 SCC 129 · Who else cites this
4 provisions across 3 enactments
Prasanna S/o Nanjayya Bettiah
Shekara S/o Kothi Bettiah
State of Karnataka
K.S. Mudagal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
