Back
H. P. SANDESH
B. heriyanna Shetty – Appellant
Versus
State By Basaveshwara Nagar Police Station – Respondent
JUDGMENT
H.P. Sandesh, J. - This petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioners on bail in the event of their arrest in Cr.No.215/2021 registered by Basaveshwara Nagar Police Station, Bengaluru, for the offences punishable under Sections 323, 354, 504, 506, 420, 468, 471 and 120B read with Section 34 of IPC pending on the file of V aCMM Court, Bengaluru.
2. Heard the learned counsel appearing 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 had lodged the complaint stating that petitioner No.1 and his associates cheated her by creating the documents. When she had questioned the same, the petitioners were abused her in a filthy language and outraged her modesty by tearing her cloths and assaulted on her shoulder and threatened to her life. The complainant in the complaint stated that the wife of the petitioner No.1 is her classmate and she came in contact with petitioner No.1 when she was looking for purchasing the land in the outskirts of Bengaluru and petitioner Nos.1 and 2 showed her land measuring 19 acres 10 guntas at S
The court held that mere allegations under serious IPC sections do not negate the applicability of Section 41A of Cr.P.C. when lesser penalties are involved, allowing anticipatory bail.
(1) Anticipatory bail petition – In a case containing severe allegations, Investigating Officer deserves a free hand to take investigation to its logical conclusion.(2) Notice before arrest – Discret....
Anticipatory bail granted post-cancellation of forged sale deeds, no custodial need when documents available.
The main legal point established in the judgment is that in a bail application, detailed inquiry on the merits of the case is not required, and the decision to grant bail is based on the nature of th....
The central legal point established in the judgment is the requirement to prove mens rea and dishonest intention in cases of cheating, and the gravity of the alleged offences in determining the grant....
The court established that anticipatory bail can be granted when allegations are primarily civil in nature and there is significant delay in filing the FIR, indicating potential abuse of the legal pr....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
