The High Court of Karnataka dismissed a criminal appeal against the rejection of bail for an appellant accused of murder and atrocity crimes. The court held that delay in trial, parity with other accused, and family medical conditions did not warrant bail relief.
Appeal dismissed; no bail granted; trial directed to be conducted on day-to-day basis.
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.45/2022
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY 2022
BEFORE
THE HON’BLE MRS JUSTICE K.S.MUDAGAL
CRIMINAL APPEAL No.45/2022
BETWEEN:
SARVESH S/O. PAPANNA AGED ABOUT 32 YEARS R/AT NO.540, NEAR GOVT. SCHOOL VEERASANDRA VILLAGE ATTIBELE HOBLI, HEBBAGODI BENGALURU- 560 070 …APPELLANT
(BY SRI H.B.CHANDRASHEKAR, ADVOCATE)
AND:
(BY SMT.RASHMI JADHAV, HCGP FOR R1; R2 SERVED)
THIS CRL.A. IS FILED U/S.14(A)(2) OF SC & ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 26.10.2021 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS
Crl.A.No.45/2022
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JUDGE & SPECIAL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN CRL.MISC.NO.1521/2021 AND ENLARGE THE APPELLANT ON BAIL IN CR.NO.39/2017 REGISTERED BY RESPONDENT NO.1 POLICE.
THIS CRIMINAL APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Aggrieved by the rejection of his bail application, accused No.3 in Special Case No.114/2017 on the file of II Additional District & Sessions Judge & Special Judge, Bengaluru Rural District, Bengaluru has preferred the above appeal.
Crl.A.No.45/2022
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The victim Srinivas belonged to the Scheduled Caste. CW.1 is his brother. Accused Nos.1, 6 and others committed murder of Muniya a nephew of Srinivas. In that murder case, accused Nos.1, 5 and 6 were sent to judicial custody. After their release on bail, along with other accused they conspired to commit murder of Srinivas. In execution of such conspiracy on 09.02.2017 at 4.45 p.m., when Srinivas was speaking to CW.22 near Garment Factory at Electronic City, accused No.2 dragged Srinivas upto the gate of IBAB Company, stabbed him with dagger and committed his murder. When CW.2 and CW.22 went to his rescue, the appellant and accused No.2 threatened them.
Crl.A.No.45/2022
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there is prima-facie material to show the involvement of the appellant in the crime.
assail the impugned order on the following grounds:
(i) There is delay in trial;
(ii) This Court has granted bail to accused Nos.1 and 4, therefore on the ground of parity, the appellant is entitled for bail; &
(iii) The mother of the appellant is suffering from several medical conditions. Therefore presence of the appellant is required to attend to her.
considering the merits of the case. Therefore the appellant can seek bail only if there is any changed circumstance. Nothing is produced to substantiate the medical ground of the mother of the appellant or that she is solely depending on him.
Crl.A.No.45/2022
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on victim with deadly weapons. The allegations of causing grievous injuries leading to the death of the victim are only against the appellant and accused No.3.
Crl.A.No.45/2022
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India v. K.A.Najeeb1 contends that the delay in trial is a ground to grant bail.
said appeal arose out of the order granting bail. Consideration of an appeal for cancellation and grant of bail are not one and the same. Therefore the said judgment cannot be justifiably applied to the facts and circumstances of this case.
find any grounds to interfere with the impugned order of the trial Court. Therefore the appeal is dismissed.
1 (2021) 3 SCC 713
2 (2018) 12 SCC 129
Crl.A.No.45/2022
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The trial Court is hereby requested to conduct trial on day-to-day basis and dispose of the matter as expeditiously as possible.
Sd/JUDGE
KSR
3 issues framed by the court
Whether delay in trial grants bail to an accused in a murder case under the SC/ST Act.
Whether parity in bail between co-accused entitles relief to the appellant alleging involvement in murder.
Whether medical conditions of the appellant's mother constitute changed circumstance to grant bail.
Colour shows how this judgement treated each authority
Union of India v. K.A.NajeebDistinguished¶47
(2021) 3 SCC 713 · Who else cites this
Anil Kumar Yadav vs. State (NCT of Delhi)Followed¶50
(2018) 12 SCC 129 · Who else cites this
3 provisions across 2 enactments
SARVESH S/O. PAPANNA
THE STATE OF KARNATAKA
MANJUNATH.R. S/O. LATE RAMAIAH
K.S.MUDAGAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
