Accused in a strangulation murder case filed a successive appeal for bail after an earlier dismissal. The court found no new grounds: examination of private witnesses and a key witness turning hostile were not grounds for bail. The appeal was dismissed with directions to expedite the trial.
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.
NC: 2024:KHC-D:11137 CRL.A No. 100271 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 100271 OF 2024
BETWEEN:
MEHABOOB ALIAS MAHABOOBSAB S/O. HASANSAB BANADA, AGE: 46 YEARS, OCC: BUSINESS, R/O:MUNDARAGI – 582118, TQ: MUNDARAGI, DIST: GADAG.
…PETITIONER
(BY SRI LAXMAN T. MANTAGANI, ADVOCATE)
AND:
YASHAVANT NARAYANKAR
Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. NARAGAJ . J. APPANNANAVAR, ADVOCATE FOR R2)
THIS CRIMINAL APPEAL IS FILED U/S 14A(2) OF SC/ST (PREVENTION OF ATROCITIES ACT, 1989), SEEKING TO SET ASIDE THE IMPUGNED ORDER DATED 01.04.2024 IN SPECIAL CASE SC/ST NO.20/2023 PASSED BY THE COURT OF ADDL. DISTRICT AND SESSION JUDGE, GADAG, (VIDE ANNEXURE-A) AND ENLARGE THE APPELLANT HEREIN ON BAIL, IN MUNDARAGI P.S. CRIME NO.40/2023 FOR THE OFFENCES PUNISHABLE U/S 302 OF IPC
SECTION 3(2)(v), OF SC/ST (PREVENTION OF ATROCITIES) ACT, 2015.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
The sole accused has filed this appeal praying to set aside the order dated 01.04.2024 passed in SC/ST No.20/2023 by the learned Additional District and Sessions Judge, Gadag, whereunder the bail application of the appellant -accused sought in respect of Mundargi Police Station Crime No.40/2023 for the offences under Section 302 of the Indian Penal Code (hereinafter referred to as ‘the IPC’, for short) and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC & ST Act’, for short), came to be rejected.
and the learned High Court Government Pleader appearing for respondent No.1-State.
remaining official witnesses have to be examined by the prosecution. With this, she prayed to dismiss the appeal.
perused the impugned order and the charge sheet material.
9. The appellant –accused has not made out
grounds for setting aside the impugned order and grant of
bail.
ORDER
i) The appeal is dismissed.
ii) The trial Court is directed to expedite the trial and
conclude the matter at earliest.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
Ct:anb List No.: 1 Sl No.: 26
1 issue framed by the court
Whether bail should be granted to the accused in a murder and SC/ST atrocities case given that private witnesses have been examined but official witnesses remain.
3 provisions across 2 enactments
Mehabooob alias Mahaboobsab s/o. Hasansab Banada
The State of Karnataka, by Mundargi Police Station
Yashavant Narayankar
Maruti s/o. Hulagappa Bajantri
Shivashankar Amarannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
