02 May 2024 Bail and Antcipatory Bail >> Criminal Law   |   Evidence >> Criminal Law  

A recent judgment by the High Court of Karnataka granted bail to four individuals involved in a clash between a Hindu man and a Muslim group. The case stemmed from an incident on April 2nd, 2024, in Chitradurga district. B.H. Gowdru, the Hindu man, alleged a mob of Muslims, including the Petitioners, assaulted him, stole his valuables, and damaged his car. The mob included Farzana Khanum, who also filed a complaint against Gowdru at the Women Police Station.

The Petitioners, designated as accused number 2, 4, 5, and 6, were arrested and denied bail by the District and Sessions Judge. They appealed to the High Court.

Arguments Presented:

The Petitioners' lawyer argued that the charges, particularly the serious accusation of attempted murder (Section 307 of the Indian Penal Code), lacked evidence. He emphasized the counter-complaints filed by both parties and the Petitioners' clean criminal history. Additionally, their detention since April 4th, 2024, suggested any necessary custodial interrogation was likely complete.

The opposing arguments from the government lawyer focused on the seriousness of the alleged crimes and the potential for life imprisonment. They expressed concerns that granting bail would hinder the investigation and witness intimidation.

Court's Decision:

The High Court acknowledged that the incident arose from a minor issue. While acknowledging the severe charge of attempted murder, the court doubted the prosecution had sufficient evidence to support it. The lack of criminal history and the length of detention weighed in favor of granting bail.

Bail Granted with Conditions:

The court ultimately granted bail with specific conditions. These included a bond of Rs. 2,00,000 with sureties, mandatory court appearances, reporting to the investigating officer every other Sunday, restrictions on leaving the district, and a prohibition on tampering with evidence or obstructing the investigation.

  Indian Penal Code, 1860    Code of Criminal Procedure, 1973