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V. SRISHANANDA
State of Karnataka – Appellant
Versus
Siddaraju – Respondent
JUDGMENT
V. Srishananda, J. - Heard Sri. Rahul Rai K., learned High Court Government Pleader for the petitioner- State and Sri. Vinod Prasad, learned counsel for the respondent. Perused the records.
2. This petition is filed under Section 439(2) of Cr.P.C. with the following prayer:
"Wherefore, the Petitioner-State most respectfully pray that this Hon'ble Court may be pleased to:
(a) Allow this Criminal Petition; and
(b) Cancel the Order of bail by setting aside the Order dated 29.07.2020 passed on the Learned Principal District and Sessions Judge, Chamarajanagar; in Crime No. 81/2020
(c) Direct that the accused/respondent be arrested and committed to custody;
(d) Pass such other order/s, deems fit by this Hon'ble Court in the interest of justice and equity."
3. The brief facts of the case are as under:
A complaint filed by Smt. Thayamma W/o Ningaia on 23.06.2020 contending that on 25.05.2020 when herself and her husband and the victim girl were sleeping in the house, at about 10.30 p.m., somebody knocked the door and her husband said the victim girl to find out who has knocked the door, at that juncture, the victim girl got up and opened the door. Then, three persons by name Siddaraju, Che
(1) Cancellation of bail – Concept of setting aside an unjustified, illegal or perverse order is totally different from concept of cancelling bail on the ground that accused has misconducted himself ....
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Cancellation of bail requires cogent and overwhelming circumstances; the trial Court's failure to adhere to this principle constituted a grave illegality.
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The main legal point established in the judgment is that while granting bail, the gravity of the crime, character of the evidence, and the presumption of guilt under relevant acts should be considere....
Kidnapped and Rape - Bail granted - Under Section 439(2) of the new Code, a High Court may commit a person released on bail under Chapter XXXIII by any Court including Court of Session to custody, if....
(1) Bail – Mere filing of charge-sheet does not, by itself, preclude consideration of application for bail.(2) Bail granted without due consideration of material factors warrants interference – In of....
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