In an appeal filed by Complainant, a Division Bench of the Supreme Court consisting of Justice MR Shah and Justice Krishna Murari observed that the High Court while granting bail should consider the gravity of the offence. The charges levelled in the FIR were under section 120(B), 302, 201 read with section 34 of IPC and 3/27 of Arms Act registered at Dharwad Rural police station.

The Supreme Court had canceled the bail of co-accused by its order dated 06.01.2022 in Criminal Appeal wherein the Supreme Court had observed that the High Court while granting bail had virtually acquitted the accused and the order of the High Court was set aside. Therefore, the High Court while granting bail should have considered the judgment of this Court while granting bail to other co-accused.

The Supreme Court also granted liberty to the state to challenge the order of bail granted to other co-accused for cancellation and directed the Trial Court to proceed with the trial uninfluenced by any of the orders passed in the bail petition.

It is relevant to note that the Supreme Court had issued notices in the matter but the Respondent has chosen not to put appearance in the matter.

Rad the Judgment:

https://main.sci.gov.in/supremecourt/2022/14786/14786_2022_8_1501_38066_Judgement_09-Sep-2022.pdf

Case Details:-

CRIMINAL APPEAL NO.  1439 OF 2022 against the High Court of Karnataka at Dharwad Bench order
Joseph Johnson N. Maithkuri       …Appellant(s)
Versus
Subrahmanya & Another        …Respondent(s)