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H. P. SANDESH
Annappa Shetty – Appellant
Versus
State – Respondent
JUDGMENT
H.P. Sandesh, J. - These two petitions are filed under Section 439(2) of Cr.P.C, by the original complainant/petitioner herein praying to set aside the order dated 27.11.2021 passed in Crl. Misc. No. 695/2021 and Crl. Misc. No. 698/2021, respectively on the file of Additional District & Sessions Judge at Udupi, sitting at Kundapura for the offences punishable under Sections 504, 506, 324, 307, 114 read with Section 34 of IPC and cancel the orders of bail.
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 petitioner is running a family Bar and Restaurant in the name and style of 'Silver Arch'. One Ashweej Shetty is the Manager of the Restaurant. On 20.10.2021, the accused persons came to the Bar and Restaurant at around 9:00 p.m., and insisted the Manager for money. Further they assaulted with bottle, abused him in a filthy language and also threatened to take his life. In this regard, a complaint was filed. The complainant along with his friends
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 – Court while granting bail has not considered the nature and gravity of the accusations, severity of the punishment in the event of bail, likelihood of repetition of the offence....
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 main legal point established in the judgment is that the grounds for cancellation of bail must be justified under section 439(2) Cr.P.C., and the progress of the investigation and the likelihood ....
Bail granted for a bailable offence can be cancelled if the accused misuses their liberty by engaging in similar criminal activities or interfering with the investigation. The decision also highlight....
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 main legal point established is that the grounds for granting and cancelling bail should consider the seriousness of the offence, nature of evidence, and likelihood of interference with justice.
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