The Karnataka High Court has observed that bail cannot be granted to the accused merely because the wife of the accused is pregnant and due for delivery.

The bench of Justice Shivashankar Amarannavar was dealing with the appeals filed by two persons accused of offences punishable Sections 143, 147, 148, 323, 324, 307, 302, 504, 506 read with Section 149 of the Indian Penal Code and under Sections 3(2)(v) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The appellants/accused had filed bail applications and the same came to be rejected by the Sessions Judge. The said order was challenged before the High Court.

Advocate T. R. Patil appeared for the appellants/accused whereas Government Pleader Prashanth V. Mogali appeared for the State.

The counsel for the appellants would contend that the name of these appellants are not mentioned in the complaint and FIR. He further submitted that the wife of one of the appellant/accused is pregnant and due for delivery and therefore the presence of the appellant/accused is required to take care of his wife.

Per contra, High Court Government Pleader would contend that the investigation is in progress and that the presence of persons involved in the alleged offence is recorded in CCTV.

The Court noted the observations of the Sessions Judge in the impugned Order that the place in which the incident occurred and damage caused in the village shows that there is a clash between two groups and further observed that there is murder of each person in each group.

The Trial Court also observed that if the appellants/accused are released on bail, they may cause further disturbance in the village.

"The presence of these appellants/accused Nos.29 and 31 is revealed from the investigation papers. What is their exact role, is a matter of investigation and final report.", the Court noted.

The Court further observed that "Merely because the wife of appellant/accused No.29 is pregnant and her due date of delivery is 06.11.2022 as per medical records, is not a ground for grant of bail at this stage when the investigation is in progress."

"There are no grounds for setting aside the impugned order and granting bail to the appellants/accused Nos.29 and 31. Hence, both the appeals are dismissed.", the Court held.

Cause Title- Gurunagouda @ Gurumurthygouda v. The State of Karnataka

Click here to read/download the Judgment