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K. NATARAJAN
Thimmappa – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. This petition is filed by the petitioners/accused Nos.1 to 6 under Sec. 438 of Cr.P.C. for granting anticipatory bail in Crime No.146/2022 registered by Saligrama Police Station, K.R.Nagar, Mysuru city, for the offences punishable under Ss. 143, 148, 448, 307, 354, 323 read with 149 of IPC.
2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
3. The case of the prosecution is that the complainant/injured- Nithin C who gave the statement before the police in Shubhodaya hospital, Mysuru alleging that on 23/6/2022 at about 8.00 p.m., his aunt called him and informed that her brother-in-law that is petitioner No.3 herein and his relatives were quarreling with her and also with her daughter hence, the complainant went to his aunt house at 9.15 p.m., on the said day and on enquiry, petitioner No.3 along with other accused persons picked up quarrel with the complainant on the guise that he has came for the purpose of making galata with them and hence, petitioner No.2 assaulted the complainant with the backside of the machete on his right hand, head, right leg and left arm also on the front side of the
The main legal point established in the judgment is the court's discretion to grant anticipatory bail in cases involving bailable offences, considering factors such as the complainant's condition, ne....
The absence of ingredients of a specific criminal offence and the need to balance apprehensions raised by the prosecution with the right of the accused to seek anticipatory bail.
The gravity of the offense, injuries sustained by the complainant, and the necessity of custodial investigation are crucial factors in determining the entitlement to anticipatory bail.
The main legal point established in the judgment is that the grant of anticipatory bail is subject to stringent conditions, especially when the accused is not directly implicated in the alleged offen....
The absence of prior offenses against petitioners and co-accused's bail status justified anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Anticipatory bail granted due to lack of criminal antecedents and nature of allegations, emphasizing conditions to prevent interference with investigation.
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