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V. SRISHANANDA
Mukundappa – Appellant
Versus
State By Challakere P S Represented By State Public Prosecutor, High Court Of Karnataka, High Court Building, Bengaluru-560001 – Respondent
JUDGMENT
V. Srishananda, J. - Heard Sri C. Rajkumar, learned counsel for the petitioner and Sri S. Vishwa Murthy, learned High Court Government Pleader for the respondent-State and perused the records.
2. The present petition is filed under Section 438 of Cr.PC. with the following prayer:
'Wherefore, the above named petitioner most humbly and respectfully prays that this Hon'ble Court be pleased to grant anticipatory bail in connection with the Crime No.17/2022 for the offence punishable under Sections 143, 147, 148, 302, 323, 324, 504 read with Section 149 of IPC, 1860 of Challakere Police, pending on the file of the Principal Civil Judge & JMFC Court, Challakere, Chitradurga, in the event of his arrest by the respondent Police, upon such terms and conditions as this Hon'ble Court may deems fit to impose upon on the facts and circumstances of the case, in the interest of justice.'
3. Brief facts of the care are as under:
a Complaint came to be lodged by Vinay Kumar J. S/o. Jayaramappa before the Challakere Police Station. Based on which, the Police registered a case in Crime No.17/2022 dated 23.01.2022 for the offence punishable under Section 143, 147, 148, 302, 323, 324, 504 149 IPC.
4
The main legal point established is the balancing of the need for custodial investigation with the rights of the petitioner in the grant of anticipatory bail.
The gravity of the offense, injuries sustained by the complainant, and the necessity of custodial investigation are crucial factors in determining the entitlement to 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.
Anticipatory bail can be granted when the allegations do not involve severe penalties, and the accused is required to cooperate with the investigation.
The absence of ingredients of a specific criminal offence and the need to balance apprehensions raised by the prosecution with the right of the accused to seek 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 ....
The court determines that limited custody for interrogation and specific bail conditions are justified given the lack of direct allegations against the petitioner.
Anticipatory bail granted under specific conditions due to no previous criminal history and nature of the offense.
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