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Those who commit heinous murder cannot now seek bail to save their father’s life, because everyone’s life is valuable: Karnataka High Court

 

The Karnataka High Court on 22nd June 2022 denied bail to two petitioners who were accused of committing murder stating that they have committed a brutal murder of one person and they cannot seek bail to save the life of another person i.e., their father, through the single bench of Justice K. Natarajan in the case of Sadik Khan @Sadik v State of Karnataka (Criminal Petition 4834/2022)

 

FACTS OF THE CASE:

The petitioner had filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’) seeking bail in respect of Crime No.20/2021 of Electronic City Police Station, Bengaluru for the offence punishable under Sections 341, 323, 143, 144, 148, 302 r/w Section 149 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’).

On the basis of a complaint lodged by Akram Pasha, brother of deceased Syed Afzal, the accused were charged by the Electronic City Police Station in Bengaluru with an offence punishable under Sections 341, 323, 143, 144, 148, 302 r/w Section 149 of the Indian Penal Code, 1860. The accused was charged with assaulting and murdering the complainant’s brother, and one Irfan was an eyewitness to the incident.

In 2021, the Sessions Court and the High Court both denied the Petitioners’ bail applications. The current plea was supposedly entered in light of “changed circumstances.” It was further argued that the coordinate bench granted bail to all co-accused persons except these petitioners, despite the fact that the trial has yet to commence. It was also alleged that the two accused’s father is suffering from a medical condition and that their presence is critical because no one is there to care for him. The prosecution opposed the subsequent bail petition, arguing that there had been no changes in circumstances since the court had already addressed these concerns in detail.

 

JUDGEMENT:

The Court noted that, while the accused claimed that their father was in “dangerous condition” and that they needed approximately 6 lakh rupees for his treatment, the petitioners produced no other documents to show that he had received treatment in any other hospital and had not gone to the Jayadeva Cardiology Specialty Government Hospital. It was stated that they committed murder and took the life of an innocent person in order to save their father’s life. Life is precious to everyone, not just the accused. But it also extends to the victim’s relatives. As a result, when petitioners commit heinous murder against one person, they cannot seek bail to save the life of another person, notably their father.

After considering all the facts and circumstances on record and the previous High Court order denying bail to the accused, the bench rejected the bail petition.

Accordingly, the present appeal was dismissed.

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JUDGEMENT REVIEWED BY NIDHI KUMAR

 

 

 

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