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H.P.SANDESH
MADHU – Appellant
Versus
STATE OF KARNATAKA – Respondent
JUDGMENT :
H.P. Sandesh, J.
1. This petition is filed under Sec. 438 of Cr.P.C. praying this Court to enlarge the petitioners on bail in the event of their arrest in respect of Crime No. 92/2022 registered by the Harohalli Police Station, Ramanagara District, for the offences punishable under Ss. 307, 504 read with 34 of IPC.
2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case of the prosecution is that the complainant Sri Narendra filed a complaint that there was a galata between the complainant and these petitioners on 12.03Rs. .2022 in connection with organizing Volleyball Tournament and these petitioners assaulted with iron rod on his abdomen and other parts of the body and injured took the treatment in the hospital. Based on the complaint, the police have registered the case invoking the offences punishable under Ss. 307, 504 read with 34 of IPC.
4. The learned counsel for the petitioners submits that when the said incident came to the knowledge of the police, the police have visited the house of the petitioners and the police have also registered the case against the br
The court has the discretion to grant bail based on the circumstances of the case and may impose specific conditions for the release of the accused.
There is considerable progress in the investigation. So, in the facts and circumstances of the case, petitioners are entitled to be enlarged on bail on certain conditions.
The court considered the progress in the investigation, the discharge of the injured from the hospital, and the examination of material witnesses as grounds for granting bail to the petitioners.
The main legal point established is that bail can be granted under Section 438 of Cr.P.C. based on the nature of the offences and specific allegations against the petitioner.
The main legal point established in the judgment is the consideration of the discharge summary from the hospital and the imposition of stringent conditions for granting bail in a case involving serio....
The court's decision was based on the assessment of the nature of injuries, the filing of the charge sheet, and the special powers vested with the court under Section 439 of Cr.P.C.
The severity of the offense and the prima facie material available on record disentitled the petitioner from obtaining bail.
The court's decision was influenced by the finding that there were sufficient materials to constitute the offence under Sec. 302 of IPC and that the petitioners failed to provide a satisfactory expla....
Bail is permissible even if preventive detention is in force if facts merit grant of relief.
The court's decision was influenced by the gravity of the offence and the fact that the offences were not punishable with death or imprisonment for life.
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