Bengaluru, September 12, 2023 – In a significant development, the LX Additional City Civil & Sessions Judge in Bengaluru today rejected the bail application of Abdul Khadar Zilani @ Zilani (A-3), who is accused of murder in connection with a broad daylight assault that resulted in the death of a man named Chandrashekar.
The order, issued by Judge Narashimsa M.V., highlighted the gravity of the offense and the potential threat to key witnesses, dismissing the defense’s arguments that the accused was merely a student with no criminal record.
The Incident and Escalating Charges
The case stems from an incident that occurred on August 12, 2023, at approximately 5:00 PM near Ambedkar Bhavan, Canara Bank Layout Government Hospital. According to the court documents, the deceased, Chandrashekar, and his wife were assaulted by a group of four to five unknown persons using “deadly weapon[s],” resulting in severe injuries to the victim’s head and face.
The initial complaint, filed with the Kodigehalli Police Station (Crime No. 220/2023), registered the case under Sections 323 and 324 read with 34 of the Indian Penal Code (IPC). However, following the victim’s death after treatment at NIMHANS, the charges were significantly upgraded. The accused now face serious charges under Sections 143 (Unlawful Assembly), 302 (Murder), 307 (Attempt to Murder), 323, 504 (Intentional Insult) read with 149 (Offence committed by members of unlawful assembly) of the IPC.
The petitioner, Abdul Khadar Zilani (A-3), a 19-year-old resident of Jakkur Layout, filed the application under Section 439 of the Code of Criminal Procedure (Cr.P.C.).
Defense Claims vs. Prosecution Objections
The Petitioner’s Counsel (Sri MC – Adv.) sought bail on several grounds:
- False Implication: The accused claimed to have been falsely implicated and was not present at the time of the incident.
- Alibi and Student Status: The petitioner stated he was a I B.A. student and that his academic career would be at stake if detained. He argued the distance from his college to the crime scene made his presence unlikely.
- Bread Winner: The defense emphasized that the petitioner was the sole bread-earning member of his family.
- No Antecedents: The petitioner claimed to be a law-abiding citizen with no previous criminal history.
The Public Prosecutor, representing the State of Karnataka, vehemently opposed the application, arguing that the accused was not deserving of bail. The prosecutor reiterated the heinous nature of the crime and expressed concerns over the accused potentially absconding, threatening witnesses, and destructing evidence if released.
Court’s Rationale for Rejection
Judge Narashimsa M.V. delivered a clear verdict, stating that the bail application was rejected primarily due to the gravity of the offense and the clear threat to public safety and the judicial process.
The key points of the court’s rationale included:
- Nature and Time of Offense: The assault occurred in broad daylight, and the clear intention of the accused, as suggested by the involvement of multiple persons (A-1 to A-6) and the resultant death, cannot be viewed lightly.
- Witness Intimidation Risk: The court noted the presence of an eyewitness and injured person named Goutham. The order explicitly stated that if A-3 is enlarged on bail, “there is every possibility of life threat to Sri Goutham.”
- Heinous Act: The court invoked a Supreme Court observation from the 1977 case Gudikanti Narasimhulu vs. Public Prosecutor, High Court of Andhra Pradesh (1977) 4 SCC 308, which cautions against granting bail where circumstances suggest “thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses.”
- No Leniency for Heinous Acts: The Judge concluded, “young people indulging in commission of heinous acts cannot be viewed leniently.”
The court ultimately ruled that considering the nature and gravity of the injury and the fact that the offense is one of murder (Section 302 IPC), the accused was not entitled to be enlarged on bail. The custody of Abdul Khadar Zilani @ Zilani (A-3) will therefore continue pending further proceedings in Kodigehalli P.S. crime No. 220/2023.