Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 - s.439 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973 - s.439 - Criminal proceedings against appellants for offence punishable u/ss.143, 147, 323, 302, 504, 114 r/w s.149 IPC - Bail application rejected by trial court -Aggrieved, appellant filed petition before High Court which was also rejected - Thereafter second bail application filed before trial court was also rejected - Plea of accused that he was entitled to bail as in the meantime the investigation was completed and charge sheet was also filed and, therefore, there was change of circumstance - Plea rejected - Petition before High Court rejected D - Special leave petition thereagainst also rejected - Third application for bail, however, allowed by trial court - Father of the victim-deceased moved High Court for cancellation of bail - Bail cancelled - On appeal, held: Trial court was swayed by the fact that when a charge sheet is filed it amounts to change of circumstance - Filing of the charge-sheet does not in any manner lessen the allegations made by the prosecution - In the instant case, trial judge did not keep himself alive to the fact that twice the bail applications were rejected and the mailer had travelled to the Supreme Court - Once Supreme Court declined to enlarge the appellants on bail, endeavours to project same factual score should F not have been allowed - The gravity of the crime should have been taken note of by the trial court - Prosecution case was that the victim-deceased had married daughter of accused-appellant No, I belonging to different community and was living peacefully away from the resentful community, but due to some kind of "misconceived class honour", accused put an end to the life of the young man - In such a situation, the accused persons should not have been granted liberty - There was no error in the order of the High Court - Penal Code, 1860 - ss.143, 147, 323, 302, 504, 114 rlw s.149 - Honour killing. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 283 |
Petitioner | Virupakshappa Gouda And Another |
Respondent | The State Of Karnataka And Another |
SCR | [2017] 4 S.C.R. 373 |
Judgement Date | 2017-03-28 |
Case Number | 601 |
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