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V. SRISHANANDA
Sri. udaya Bhaskar Rao Abburu – Appellant
Versus
State By Whitefield Police – Respondent
ORDER
1. Heard Sri. D.Prabhakar, learned counsel for the petitioner and learned High Court Government Pleader for the respondent - State and perused the records.
2. The present petition is filed under Section 438 of Cr.P.C seeking grant of anticipatory bail with the following prayer:
'WHEREFORE, the petitioner most humbly prays that this Hon'ble Court be pleased to pass an order granting anticipatory bail, directing the Respondent Police to immediately release the petitioner on bail in the event of his arrest by the Respondent Police in Crime No.237/2021 registered by the Whitefield Police for the offences punishable U/s 420, 468, 406 r/w sec. 34 of IPC filed before the Addl. Chief Judicial Magistrate (ACJM) Bengaluru Rural District and no orders passed by the IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru in Crl.Misc.No.337/2022, which is at Document No.1, in the interest of justice and equity.'
3. The brief facts of the case are as under:
Sri. Murali Bandarupalli S/o Sri Navakoti lodged a complaint in Whitefield Police Station, Bengaluru City, on 13.11.2021, which came to be registered in Crime No.237/2021 for the offences punishable under Sections 420,
The court balanced the right of the petitioner with the need for custodial investigation in granting anticipatory bail.
The main legal point established is the need to balance the protection of personal liberty with the requirements of the investigation when considering a request for anticipatory bail.
The main legal point established in the judgment is the court's discretion in granting anticipatory bail, emphasizing the importance of the petitioner's cooperation with the Investigating Agency and ....
Anticipatory bail can be granted when the allegations do not involve severe penalties, and the accused is required to cooperate with the investigation.
Anticipatory bail denied due to prior criminal cases and recent FIR registration.
The consensual nature of a relationship and the potential impact of granting anticipatory bail on the investigation were central to the court's decision.
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