TaxTMI 
TaxTMI 
2017 (3) TMI 1777
X X X X Extracts X X X X
X X X X Extracts X X X X
....ragi Bench in Criminal Petition No. 200629 of 2015. The High Court adverted to the deadly weapons that were carried by the accused persons, the nature of injuries sustained on the vital parts by the deceased and the allegation of specific overt acts, and rejected the application. 4. Thereafter, a second application for grant of bail was moved by the appellants before the Principal Sessions Judge at Raichur, that is, Criminal Misc. No. 791 of 2015. It was contended before the learned trial Judge that as, in the meantime, the investigation had been completed and the charge-sheet had been filed, there had been a change of circumstance and hence, they were entitled to be admitted to bail. That apart, certain grounds pertaining to ailment of some of the accused persons were highlighted. The learned trial Judge, as is evident, referred to the allegations made in the F.I.R., the materials that had come on record during the investigation and the postmortem report and considering all other relevant aspects, declined to enlarge the appellants on bail. It is worthy to note here that though a ground of parity was urged on the base that the accused Nos. 4 to 7 had been released on anticipatory....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s son in an unfortunate and brutal circumstance, moved the High Court in Criminal Petition No. 200768 of 2016 under Section 439(2) Cr.P.C. seeking cancellation of bail. The High Court while dealing with the application, adverted to the allegations in the F.I.R. The nature of allegations, being significant, deserves to be adverted by us. It is alleged in the F.I.R. that the accused-appellant No.1, had a daughter named Basavarajeshwari who fell in love with the deceased Anand Sagar, the son of the informant, who belongs to "Uppar" community and the accused belongs to "Lingayat" community. The deceased, Anand Sagar, had eloped with the daughter of the accused No.1 in the year 2014 and at that juncture, an F.I.R. was registered filed by the accused to that effect. As the narration would further unroll, the couple left the village, entered into wedlock and thereafter started residing at Bengaluru and later on at Bellary. On 17th May, 2015, the deceased, Anand Sagar, had come to his native place Yeramarus and had gone to Raichur on the motorbike of his father. When he returned to Yeramarus at 9.30 p.m. and reached near the bus stop, the accused persons assaulted him with weapons and he b....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ation under Section 439 Cr.P.C. and hence, it deserved to be set aside. 13. On a perusal of the order passed by the learned trial Judge, we find that he has been swayed by the factum that when a charge-sheet is filed it amounts to change of circumstance. Needless to say, filing of the charge-sheet does not in any manner lessen the allegations made by the prosecution. On the contrary, filing of the charge-sheet establishes that after due investigation the investigating agency, having found materials, has placed the charge-sheet for trial of the accused persons. As is further demonstrable, the learned trial Judge has remained absolutely oblivious of the fact that the appellants had moved the special leave petition before this Court for grant of bail and the same was not entertained. Be it noted, the second bail application was filed before the Principal Sessions Judge after filing of the charge-sheet which was challenged in the High Court and that had travelled to this Court. These facts, unfortunately, have not been taken note of by the learned trial Judge. He has been swayed by the observations made in Siddharam Satlingappa Mhetre (supra), especially in paragraph 86, the relevant ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....r for any Court to refuse bail as a mark of disapproval of former conduct whether the accused has been convicted for it or not or to refuse bail to an unconvicted person for the purpose of giving him a taste of imprisonment as a lesson." 15. Be it noted, though the aforesaid passages have their relevance but the same cannot be made applicable in each and every case for grant of bail. In the said case, the accused-appellant was facing trial for the offences under Sections 420-B, 468, 471 and 109 of the IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. Thus, the factual matrix was quite different. That apart, it depends upon the nature of the crime and the manner in which it is committed. A bail application is not to be entertained on the basis of certain observations made in a different context. There has to be application of mind and appreciation of the factual score and understanding of the pronouncements in the field. 16. The court has to keep in mind what has been stated in Chaman Lal vs. State of U.P. and another(2004) 7 SCC 525). The requisite factors are: (i) the nature of accusation and the severity of punishment in case of convict....
X X X X Extracts X X X X
X X X X Extracts X X X X
....itrary or fanciful manner. In this context, we may, with profit, reproduce a passage from Neeru Yadav vs. State of Uttar Pradesh and another(2014) 16 SCC 508), wherein the Court setting aside an order granting bail observed:- "The issue that is presented before us is whether this Court can annul the order passed by the High Court and curtail the liberty of the 2nd respondent. We are not oblivious of the fact that the liberty is a priceless treasure for a human being. It is founded on the bed rock of constitutional right and accentuated further on human rights principle. It is basically a natural right. In fact, some regard it as the grammar of life. No one would like to lose his liberty or barter it for all the wealth of the world. People from centuries have fought for liberty, for absence of liberty causes sense of emptiness. The sanctity of liberty is the fulcrum of any civilized society. It is a cardinal value on which the civilisation rests. It cannot be allowed to be paralysed and immobilized. Deprivation of liberty of a person has enormous impact on his mind as well as body. A democratic body polity which is wedded to rule of law, anxiously guards liberty. But, a pregnant a....