Back
V. SRISHANANDA
Mohammed Nazeer @ Nazeer Ahmed @ Sheru – Appellant
Versus
State of Karnataka Through M. B. Nagar Police Station, Kalaburagi Represented By Addl. Spp High Court Of Karnataka Kalaburagi Bench-585103 – Respondent
JUDGMENT
V. Srishananda, J. - Heard Sri Shivasharana Reddy, learned counsel for the petitioner and Smt. Maya T.R., learned High Court Government Pleader.
2. The present petition is filed under Section 439 of Cr.P.C., with the following prayer:
'WHEREFORE it is most humbly prayed to this Hon'ble court to allow the petition and petitioners be enlarged on regular bail in crime no 77/2022 of Respondent M.B Nagar Police Station for offence punishable U/S 448, 379, 511 and 308 of IPC pending on the file of IV Addl JMFC at Kalaburagi in the interest of justice and equity.'
3. The accused/petitioner is charged with offences punishable under Sections 448, 379, 511 and 308 of IPC.
4. Brief facts which are necessary for disposal of the present petition are as under:
One Nagendra S/o Mallikarjun Biradar lodged a complaint with M.B.Nagar Police Station, Kalaburagi, which is registered in Crime No.77/2022 on 07.09.2022. Gist of the complaint averments reveal that on 06.09.2022 at about 3.00 a.m., the petitioner attempted to thieve the equipments in respect of a mobile tower by pushing the security guard and when the same was resisted, he took stone and tried to assault on the security guard resulting
The court established that bail can be granted even in serious cases if the evidence does not support the most severe charges and if the accused have no prior criminal history.
The severity of the offense and the prima facie material available on record disentitled the petitioner from obtaining bail.
The main legal point established in the judgment is that the nature of the injury sustained by the victim and the period of custody of the accused are crucial factors in determining whether bail shou....
There is considerable progress in the investigation. So, in the facts and circumstances of the case, petitioners are entitled to be enlarged on bail on certain conditions.
The court granted bail under stringent conditions, citing lack of serious injury to the complainant.
Bail is permissible even if preventive detention is in force if facts merit grant of relief.
The court considered the progress in the investigation, the discharge of the injured from the hospital, and the examination of material witnesses as grounds for granting bail to the petitioners.
The completion of investigation and filing of charge sheet can be considered in granting bail, along with other relevant circumstances.
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
