Gravity of offence be looked into by court while granting anticipatory bail: Supreme Court
New Delhi(PTI): Gravity of an offence and specific allegations are the parameters which should be looked into by a court while granting anticipatory bail to an accused, the Supreme Court has said.
A bench of justices D Y Chandrachud and B V Nagarathna made the observations while setting aside an order passed by the the Madhya Pradesh High Court granting anticipatory bail to two persons accused in a murder case.
The top court said it has to determine whether on the basis of the material available at this stage, the high court applied the correct principles in allowing the applications for anticipatory bail.
"Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it," the bench said.
The top court was hearing appeals challenging anticipatory bail granted to two accused in connection with an offence registered under Sections 302 (murder), 323 (voluntarily causing hurt) read with 34 (common intention) of the Indian Penal Code.
The apex court said the offence is of a serious nature in which a person was murdered and the FIR and the statements indicate a specific role of the accused in the crime.
"The order granting anticipatory bail has ignored material aspects, including the nature and gravity of the offence, and the specific allegations against the accused. Hence, a sufficient case has been made out for cancelling the anticipatory bail granted by the high court," the bench said.
The apex court said that facts need not be examined in detail at the present stage and it would examine whether the high court had correct principles for the grant of anticipatory bail.
"The material at this stage cannot be examined with a fine tooth comb in the manner of a criminal trial. What needs to be determined is whether the parameters for the grant of anticipatory bail were correctly formulated and applied by the single judge," the bench said.
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MLA Janardhana Reddy disqualified following conviction in illegal mining case
Bengaluru, May 8 (PTI): Independent MLA and BJP supporter G Janardhana Reddy was on Thursday disqualified as the member of Karnataka Legislative Assembly after a special CBI court convicted him in the Obulapuram Mining Company (OMC) illegal iron ore mining case.
With this, one seat of the state assembly has fallen vacant.
“Consequent upon conviction of G Janardhana Reddy Member of Karnataka Legislative Assembly representing the Gangavati Constituency by the Court of the Principal Special Judge for CBI, cases, Hyderabad in CC.No.1 of 2012, he stands disqualified from the membership of Karnataka Legislative Assembly from the date of conviction i.e., May 6, 2025 in terms of the provisions of article 191(1) (e) of the Constitution of India read with section 8 of the Representation of the People Act, 1951,” Karnataka Assembly said in a notification.
It said, “Such disqualification shall continue for a further period of six years since his release, unless the conviction is stayed by a competent Court.”
A special CBI court in Hyderabad on Tuesday convicted Reddy and three others in the Obulapuram Mining Company (OMC) illegal iron ore mining case after a prolonged legal battle spanning nearly 14 years.
The court sentenced them to seven years rigorous imprisonment and imposed a fine of Rs 10,000 on each.
Reddy was named accused number two. The court also imposed a Rs 1 lakh fine on the company.
Soon after the judgment, the CBI took Janardhana Reddy and others into custody, and were shifted to the prison.
Janardhana Reddy had formed the Kalyana Rajya Pragati Paksha (KRPP) ahead of the Assembly polls in 2023, snapping his two-decade-old association with the BJP, and won the Gangavati assembly seat.
He, however, rejoined the BJP ahead of the 2024 Lok Sabha polls by merging his outfit with the saffron party.
