Honour killing: SC raps trial court for granting bail to accused

Honour killing: SC raps trial court for granting bail to accused

The Supreme Court on Tuesday castigated a Raichur sessions court for passing a “perverse” order to grant bail to a man accused of killing his son-in-law for marrying his daughter in 2015.

A bench of Justices Dipak Misra and A M Khanwilkar said, “It was absolute impropriety by the trial court...as it should have taken note of the gravity of the offence.”

The apex court also held that the filing of the charge sheet in a criminal case cannot be regarded as change in circumstances, allowing the accused to be enlarged on bail Virupakshappa Gouda (62), along with Appanna and Shivu, were accused of bludgeoning to death Anand Sagar on May 17, 2015, as he harboured anger against the victim for marrying his daughter Basavrajeshwari after the couple married against the wishes of the family.

Gouda, represented by senior advocate Basava Prabhu Patil, challenged the Karnataka High Court’s Kalaburagi bench order of September 16, 2016, cancelling his bail granted by the sessions court at Raichur.

“In view of the nature of allegations, it is not a case where the trial court should have granted bail to the accused... the couple were staying in peace, there was some misconceived notion of lost honour,” the bench said.

The apex court upheld the high court order, saying it has done its legal duty to cancel the bail granted to the accused.

“We find that the trial judge has been swayed by the fact that the charge sheet has been filed and that amounts to change in circumstances...,” the bench said, directing the accused to surrender forthwith before the trial court.

The apex court, however, clarified that its observations were confined to the bail order only and the trial court should not be influenced by them in deciding the criminal case registered by the Rural Police Station, Raichur, under various provisions of the Indian Penal Code.

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