Jailer release two accused from jail by misunderstanding court intimation

1:07 PM, Tuesday, July 16th, 2019
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jailMangaluru :  The Mangaluru District Prisons authorities set free the two accused on July 9 after an intimation from a court to get the signatures of two murder accused on personal bond to be a release order,. However, they realised their folly two days later and brought the accused back to prison.

Jagadeesh, Shivaji and Yashvant, three brothers, were among the four arrested in connection the murder of Kadri Rohith Kotian on May 8, 2016, in Barke Police limits.

While Jagadeesh and Shivaji were in prison, Yashvant was out on bail. The fourth accused Gautham Chandra was lodged in the Belagavi Central Prison. The case was before the Sixth Additional District and Sessions Judge Sayeedunnissa.

Following completion of evidence, the judge on June 26 recorded statements of the accused under Section 313 of the Criminal Procedure Code (Cr.PC). On July 5, advocate for Jagadeesh, Shivaji and Yashvant filed an application under Section 437 (A) of Cr.PC. This application is filed to comply with the mandatory requirement before the end of the trial for the accused to execute bail bonds with surety and undertake to appear before a higher court, if an appeal or petition is filed against the judgment of the court.

The court allowed the application and accepted parents of the three accused as surety. Parents signed on the surety bond of ₹ 50,000.

The court sent an intimation to the Prisons officials asking them to get the signatures of Jagadeesh and Shivaji on a personal bond of ₹ 50,000 and send it back to the court.

The Prisons staff mistook this as a release order and set free Jagadeesh and Shivaji on July 9.

On July 11, the Prisons staff reportedly rushed to the house of the accused in Kadri and brought them back to prison.

Prisons Superintendent Chandan Patel is said to have admitted to having committed a mistake in his statement to the court.


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