The LXIX Additional City Civil and Sessions Court in Bengaluru has granted regular bail to Keshva alias Spark, who was arrayed as Accused No. 4 in a high-profile murder and assault case. The order, delivered by Judge Rajesh Karnam K, provides significant legal relief to the 23-year-old petitioner who had been in judicial custody following an incident at a local wine shop in 2021.
Background of the Kamakshipalya Assault Case
The criminal proceedings against Keshva stem from Crime No. 194/2021, registered at the Kamakshipalya Police Station. The prosecution alleged that the incident occurred on July 18, 2021, at Vidhya Shree Wines in Vrshabavathi Nagar. According to the police report, the trouble began when Accused No. 1 spotted the deceased and a witness (CW.1) consuming alcohol and informed Accused No. 5.
On the directions of Accused No. 5, a scuffle broke out during which the deceased and CW.1 were allegedly assaulted and kicked. The prosecution maintained that the victims were attacked with plastic chairs and other means, leading to fatal injuries. While the victims were rushed to Sri Lakshmi Multi-Specialty Hospital, the primary victim eventually succumbed to his injuries during treatment. Consequently, the police filed charges under Sections 143, 147, 148, 341, 323, 324, 307, and 302 read with 149 of the Indian Penal Code (IPC), covering offenses ranging from rioting and unlawful assembly to attempted murder and murder.
Defense Arguments Highlighting Procedural Lapses
Advocate S.V., representing Keshva, presented several critical arguments to secure the petitioner’s release. A primary contention was the significant delay in registering the First Information Report (FIR). The defense pointed out that while the alleged assault took place around 7:15 p.m. on July 18, the crime was not registered until 12:00 p.m. the following day. This 19-hour gap, the defense argued, lacked sufficient explanation and cast doubt on the spontaneity of the prosecution’s narrative.
Furthermore, the defense emphasized that Keshva’s name was included in the case primarily based on the statements of other accused persons rather than direct evidence of his involvement. It was argued that Keshva had voluntarily surrendered to the authorities on August 10, 2021, demonstrating his respect for the legal process despite his claims of innocence. The counsel also highlighted that the medical records did not attribute the fatal injuries specifically to any overt acts committed by Accused No. 4.
Prosecution’s Resistance and Legal Precedents
The Public Prosecutor strongly opposed the bail application, arguing that the accused was involved in a heinous crime. The prosecution contended that since the charge sheet had already been filed (SC.No.555/2022), the circumstances had not changed significantly to warrant bail. They relied on a Supreme Court of India ruling (2017 (2) Crimes 56 (SC)), which posits that the mere filing of a charge sheet does not lessen the allegations or constitute a “change of circumstance” for the purpose of granting bail.
The prosecution also brought to the court’s attention that statements from material witnesses had been recorded under Section 164 of the Cr.P.C. before a jurisdictional magistrate, which supposedly strengthened the case against the accused.
The Court’s Reasoning and Final Decision
After hearing both sides, Judge Rajesh Karnam K observed that the primary allegations regarding the fatal assault seemed to be directed at other accused persons. The court took note of the defense’s point regarding the lack of specific overt acts attributed to Keshva in the medical documentation.
The court also considered the principle that bail is a fundamental right and that keeping an individual behind bars indefinitely before conviction could amount to a “pre-trial punishment.” Recognizing that the petitioner is a young man of 23 years and considering the overall materials on record, the court decided that the interest of justice would be served by granting a conditional bail.
Conditions of the Bail Order
The court ordered the release of Keshva alias Spark on a regular bail subject to a personal bond of Rs. 50,000 and one surety of the like sum. Additionally, a cash surety of Rs. 10,000 was mandated. The release is subject to the following strict conditions:
- The accused shall not tamper with prosecution witnesses, either directly or indirectly.
- He must appear before the court regularly for all proceedings.
- He must not abscond and must provide valid address proof to the police.
- He is prohibited from involving himself in any other kind of criminal offense.
- He shall not leave the jurisdiction of the court without prior permission.
- He must cooperate fully to ensure the speedy disposal of the case.
The order concluded with a warning that the Investigating Officer is at liberty to move for the cancellation of bail should any of these conditions be violated. Keshva is to be released immediately unless his custody is required in connection with any other legal matter.