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V. SRISHANANDA
Subhan Shariff – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
V. Srishananda, J. - Heard Sri. M Partha, learned counsel for the petitioner and Sri. Mustakeem Alam, learned counsel for the complainant and Sri. Rahul Rai K., learned High Court Government Pleader for the respondent-State.
2. This petition is filed under Section 438 of Cr.P.C. with the following prayer:
"WHEREFORE, it is prayed that this Hon'ble Court may be pleased to direct the respondent police to enlarge the petitioner on bail in the event of this arrest in Crime No. 07/2022 for offence punishable under 379, 420, 468, 471 and 34 of IPC of S.J. Park Police Station, Bangalore, which is pending before the learned VI Addl. Chief Metropolitan Magistrate at Bangalore in the interest of justice and equity."
3. The brief facts of the case are as under:
Upon the complaint lodged by Dr. Ahmed Sharif siraj, S.J. park police registered a case in Cr. No. 7/2022 for the offences punishable under Sections 379, 420, 468, 471 & 34 of the Indian Penal Code ('IPC' for short).
4. According to the complaint averments, petitioner herein has stolen away the books of the complainant-Trust by name Ayesha Amina Trust.
5. According to the police, from the date of offence, the petitioner has absconded
The court balanced the rights of the accused petitioner with the need for custodial investigation, allowing the criminal petition and imposing specific conditions for 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 ....
A person seeking anticipatory bail must establish themselves as a law-abiding citizen, and being shown as an absconding accused may disqualify them from being entitled to anticipatory bail.
The main legal point established in the judgment is the court's discretion to grant anticipatory bail under Section 438 of Cr.P.C. based on the accused's willingness to comply with specific condition....
Anticipatory bail can be granted when the allegations do not involve severe penalties, and the accused is required to cooperate with the investigation.
The main legal point established in the judgment is the liberal interpretation of Section 438 of Cr.P.C. in protecting personal liberty and the need for concrete facts and specific allegations in app....
The necessity of custodial investigation and the petitioner's cooperation with the Investigating Agency in a case involving serious allegations of financial scam and negligence in discharging duty.
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