High Court Did Not Consider Gravity Of Offences: SC Quashes Bail Granted To Two Murder Accused
The Supreme Court's Bench of Justice MR Shah and Justice Krishna Murari has quashed the bail granted to two murder accused while observing that the Karnataka High Court had not considered the gravity of offences.
In this case, the Karnataka High Court had granted bail to accused-Subrahmanya and Rajesh who were charged under Sections 120(B), 302, 201 read with Section 34 of the Indian Penal Code and Section 27(3) of the Arms Act, 1959.
Aggrieved with the decision of the High Court, the original complainant approached Supreme Court.
Dharmaprabhas Law Associates representing the appellant – complainant argued that the High Court didn't consider the gravity of the offences while directing the accused respondent No. 1 in the respective appeals to be released on bail.
The counsel appearing for the appellant had pointed out that earlier Supreme Court had canceled the bail order of the co-accused, namely, Umesh Nagappa URF Sangappa.
No one appeared on behalf of the accused.
The Court observed that the grounds on which the co-accused- Umesh Nagappa URF Sangappa, was released on bail and the grounds on which the present respondent No. 1 – Subrahmanya is released on bail were same.
The Court further noted that it had set aside the order passed by the High Court by observing that the High Court had not considered the gravity of the offence.
Therefore, the Court held that "In view of the above and for the reasons stated in judgment and order dated 06.01.2022 passed in Criminal Appeal No. 39/2022, the impugned judgment(s) and order(s) passed by the High Court releasing the accused – Subrahmanya and Rajesh, respondent No. 1 herein in the respective appeals on bail also deserve to be quashed and set aside."
While releasing the accused Rajesh on bail the High Court had observed that in case Supreme Court cancels the bail granted in favour of accused no. 4 – Umesh Nagappa URF Sangappa it would be open for the State to move an appropriate application for cancellation of the bail.
Therefore the Court observed that once the bail of Umesh Nagappa URF Sangappa has been canceled by the Court, the bail in the present case also requires to be cancelled.
Accordingly, the Court set aside the orders passed by the High Court releasing accused Subrahmanya and Rajesh on bail.
The Court directed both accused- Subrahmanya and Rajesh to surrender before the competent authority/appropriate jail authority within a period of two weeks.
Cause Title- Joseph Johnson N. Maithkuri v. Subrahmanya & Another with Anr.
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