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H. P. SANDESH
Mandya District Co-operative Milk Producer?s Societies Union Ltd – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
H.P. Sandesh, J. - These two petitions are filed under Section 439(2) read with Section 482 of Cr.P.C., by the complainant for cancellation of bail granted in favour of accused Nos.1 and 3, praying to set aside the order dated 11.06.2021 passed in Crl.Misc.No.614/2021 and Crl.Misc.No.601/2021, respectively on the file of I additional District & Sessions Judge, Mandya arising out of Crime No.161/2021 of Maddur Police Station, Mandya District, for the offences punishable under Sections 272, 406 and 420 of IPC and Sections 7(1) and 16 of the Prevention of Food adulteration act, 1954.
2. Heard the learned counsel appearing for the petitioner in both the petitions and the learned High Court Government Pleader appearing for respondent No.1/State and the learned counsel appearing for respondent No.2.
3. The factual matrix of the case of the prosecution is that the complainant - Venkatesh, Manager of MaNMUL, Gejjalagere, Mandya, has lodged a complaint on 28.05.2021 alleging that P. Raju/accused No.1 being a contractor of MaNMUL and owner of a tanker bearing registration No.Ka-51/aF-2634 to supply milk to MaNMUL, has violated the terms and conditions of the transport contract and has
The seriousness of the allegations and the discretion of the Trial Court in granting bail must be considered in the context of the nature of the offences and the appreciation of the material on recor....
The rejection of bail in another criminal case cannot be a ground for rejection of the bail petition. The Court must consider the nature of injuries, the scope of Section 439 of Cr.P.C, and the factu....
Cancellation of bail requires cogent evidence of misuse or interference with justice, and mere non-payment of a disputed amount does not suffice.
The court cannot entertain a fresh prayer for relief in the matter of bail cancellation unless the previous order of final disposal has been set aside or modified.
The court ruled that mere registration of a subsequent offence does not justify automatic bail cancellation; a thorough inquiry into supervening circumstances is necessary.
Menace of dangerous drugs flooding market, Parliament has provided that person accused of offences under NDPS Act should not be released on bail during trial unless mandatory conditions provided in S....
Bail once granted cannot be cancelled in a mechanical manner.
Bail may be cancelled if the accused violates conditions by engaging in further criminal activity, with the court needing to assess the seriousness and context of such violations.
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