Bail Granted to Accused Nos. 4 and 6 in Murder Case Following Appeal. Accused granted bail with stringent conditions after challenging the rejection of their bail applications in the murder of social worker Ramakrishna.

Case Note & Summary

The appellants sought to set aside the rejection of their bail application. The prosecution alleged the murder of social worker Ramakrishna due to a conspiracy by the accused. The appellants argued self-defense and lack of premeditation. The prosecution emphasized the pre-planned nature of the murder and the threat to witnesses. The court found grounds to grant bail, imposing several conditions.

Introduction and Appeal Details

Crl.A.No.2145/2023 by accused No.4 and Crl.A.No.2118/2023 by accused No.6. Appeals to set aside the bail rejection order dated 17.10.2023 in Special Case No.276/2023.

Prosecution's Case

Deceased Ramakrishna was a social worker exposing misuse of funds. Accused No.1, a Panchayath Development Officer, conspired with others to kill Ramakrishna. Accused Nos.2 to 6 assaulted Ramakrishna, resulting in his death.

Appellants' Argument

Deceased was a rowdy sheeter with many enemies. Incident described as a sudden fight with actions in self-defense. Accused Nos.1 to 3, 5, and 7 were granted bail, some by the same court. The appellants in judicial custody since 08.01.2023, not required for custodial interrogation post charge sheet filing.

Prosecution's Counter-Argument

Ramakrishna's murder was premeditated. Eye witnesses and forensic evidence support the prosecution's case. Concerns over threats to witnesses if bail is granted.

Court's Observations and Decision

Deceased initiated the conflict. Postmortem report lacks evidence of injuries caused by a machete. Self-defense considered, matter of conspiracy to be determined at trial. Appellants' prolonged custody and completion of charge sheet filing considered.

Order and Bail Conditions

Appeals allowed, setting aside the impugned order. Bail granted to accused Nos.4 and 6 with conditions: Execute a personal bond of Rs.1,00,000/- each with two sureties. No threats to prosecution witnesses. Mandatory court appearances. No similar offences during the case. Monthly attendance at Jagalur Police Station until case disposal.