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Courts duty bound to consider all contentions raised by the parties while deciding bail applications: Karnataka High Court.

  1. This particular decision is held by the High Court Of Karnataka through the single bench of Justice Mohammad Nawaz in the case of NELSON RAJ v. THE STATE OF KARNATAKA.

Facts

The accused were charged under Sections 302, 120B and 149 of IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The complaint was lodged by one Lakshmamma, mother of deceased Harish. It was alleged that her son was murdered by one Rakshith and his associates by assaulting him with deadly weapons.

The appellants preferred a petition under Section 439 of CrPC before the Special Court, praying to enlarge them on bail, which was rejected vide impugned order 25.11.2021.

Orders and judgements 

The Court has to come to a reasonable conclusion as to whether there is any prima facie or reasonable ground to believe that the accused has committed the offence, followed by the nature and gravity of the charge and severity of the punishment.”

“Bail orders either granting or refusing cannot be passed in a mechanical manner or by a cryptic order, without considering the material aspects of the case. Court is duty bound to give reasons for granting or denying bail, especially in cases involving serious offences,”

“The impugned order falls short of such reasoning for dismissing the bail petition. The learned Special Judge has not adverted to the various contentions stated to have been raised by the appellants counsel, except stating that accused are alleged to have committed a brutal murder of deceased and a prima facie case is made out against the accused etc.”The Special Judge has failed to advert to the various contentions said to have been raised by the Counsel appearing for the accused before the trial Court. The reasons for rejecting the prayer for bail does not appear to be in accordance with law.

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Judgement reviewed by- Mohammed Shoaib

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