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H. P. SANDESH
Mohammed Ajaz @ Kerala – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
H.P. Sandesh, J. - This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused in Crime No.68/2021 of Kolar Town Police Station, Kolar Town Circle, Kolar, for the offence punishable under Sections 353 and 307 read with Section 34 of IPC.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case is that, when the police was on patrolling duty on 06.06.2021 in connection with Covid-19 Pandemic, two unknown persons snatched the gold chain from a women and in this regard, case was registered in Crime No.67/2021 for the offence punishable under Section 392 of IPC and the police were under the impression that the accused persons, who have committed the offence are between the age group of 20 to 25 years and their description is also given. accordingly, when the police were doing ghast duty, found two persons in a motorcycle having similar description and when they stopped the motorcycle, the person, who was sitting in front portion of the said motorcycle, tried to gave blow with the dragon, the police escaped from the said blow. The other
The court considered the lack of sustained injuries, the nature of allegations, and the accused's previous bail history in granting bail and imposing conditions to protect the interest of the prosecu....
The court considered the nature of injuries sustained by the police officials and the need to protect the interest of the prosecution in granting bail to the accused.
The court established that bail can be granted under Section 439 Cr.P.C. when the nature of the injuries is simple and the proceedings are likely to be prolonged, ensuring a fair balance between the ....
The court established that the duration of custody and the filing of a charge-sheet are critical factors in deciding bail applications under Section 439 Cr.P.C.
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case, including witness statements and the duration of custody, justify such a decision.
Grant of bail based on lack of legal evidence, absence of criminal antecedents, and the prolonged trial process.
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