"When petitioners have committed brutal murder of one person they cannot seek bail to save life of another person i.e. their father," the Karnataka High Court observed while denying bail to two murder accused.
The bizarre observation was made Justice K Natarajan while denying relief to brothers Sadik Khan and Adil Khan, who are in custody for almost one and half year and sought release to look after their ailing father. It observed,
"Merely stating that amount of Rs.5 to 6 lakhs required that itself is not a ground for grant of bail to these petitioners to save the life of their father as they have committed murder and taken life of a innocent person. Life is important to everybody not only to the accused. But also to the victim family."
The accused were charged by the Electronic City Police Station, Bengaluru for the offence punishable under Sections 341, 323, 143, 144, 148, 302 r/w section 149 of Indian Penal Code, 1860 on the basis of a complaint lodged by Akram Pasha, brother of deceased Syed Afzal.
It was alleged that the accused has assaulted and murdered the complainant's brother and one Irfan was an eye-witness to the incident.
The Petitioners' bail pleas were rejected by the Sessions court and the High Court in 2021. The instant plea was filed allegedly in view if the "changed circumstances". It was contended that all the co-accused persons were granted bail by the coordinate bench, except these petitioners whereas the trial is yet to begin.
It was further submitted that father of the two accused is suffering from health ailment and since there is no one there to look after him, their presence is very much essential.
Prosecution opposed the successive bail petition and submitted that there are no changed circumstances since the court has already considered these grounds in detail on earlier occasion.
The bench on going through records and the previous order of the High Court refusing bail to the accused noted "Considering all the grounds earlier this court has rejected the bail petition."
The Court noted that even though the accused claimed that now their father is in "dangerous condition" and they require approximately 6 lakh rupees for his treatment, yet, "Except this document, no other document is produced by the petitioners to show that he has taken treatment in any other hospital and he has not gone to the Jayadeva Cardiology Specialty Government Hospital."
It added, "Merely stating that amount of Rs.5 to 6 lakhs required that itself is not a ground for grant of bail to these petitioners to save the life of their father as they have committed murder and taken life of a innocent person. Life is important to everybody, not only to the accused. But also to the victim's family. Therefore, when petitioners have committed brutal murder of one person they cannot seek bail to save life of another person i.e. their father. That apart, there are no additional grounds made out for release them on bail."
Case Title: Sadik Khan @Sadik v State of Karnataka
Case No: Criminal Petition 4834/2022
Citation: 2022 LiveLaw (Kar) 241
Date of Order: June 22, 2022
Appearance: Advocate Ram Singh K for petitioners; HCGP R D Renukaradhya for respondent