BENGALURU: Orders granting or refusing bail can't be passed in "a mechanical manner or be cryptic" without considering the material aspects of the case, the Karnataka high court has observed in a recent judgement.
"Court is duty bound to give reasons for granting or denying bail, especially in cases involving serious offences," Justice Mohammed Nawaz has said in his order.
Where a court is considering an application for bail fails to consider the relevant factors, an appellate court may justifiably set aside the order, the judge has said, directing a city special court to hear afresh and pass orders on the bail applications filed by four accused persons in a murder case. tnn
Special court turned down bail petition of 4 accused
Nelson Raj, Indrajith alias Ajit, Subhash Nagar and Avinash - the four accused in the murder case registered with the Banaswadi police station limits in July 2021 - had approached the trial court for bail.
They were arrested as accused in the murder of Harish on July 28, 2021. Lakshmamma, Harish's mother, alleged in a complaint that Rakshith and his associates murdered her son by attacking him with weapons. Police had filed a chargesheet against six accused.
On November 25, 2021, the special court rejected bail petitions by these four accused. They challenged it, contending that the grounds raised by them in their bail plea have not been considered and the special court "mechanically" rejected their petitions.
Justice Nawaz has listed a few important aspects to be dealt by a court while granting bail: Seriousness of offence, likelihood of the accused fleeing from justice, impact of release of the accused on the prosecution witnesses. and the likelihood of the accused tampering with evidence. "At the same time, 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," the judge added.
