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SHIVASHANKAR AMARANNAVAR
D. Venkatesh – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. This petition filed by accused No.1 under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking anticipatory bail in Crime No.110/2022 of Kurugod Police Station registered for the offences punishable under Sections 419 and 420 of Indian Penal Code, 1860 (hereinafter referred to as the 'IPC', for brevity).
2. The case of the prosecution is that, one Smt.Tejaswini L.Naik, Sub Registrar, Kurugodu Town, Ballari has lodged a written complaint before PSI, Kurugod Police Station and the same came to be registered against the petitioner in Crime No.110/2022 of Kurugod Police Station for the offences punishable under Sections 419 and 420 of IPC. It is stated in the said compliant that, on 04.05.2018 the petitioner had obtained a GPA from Mari-Kotturswamy by impersonation and the same was got registered in the office of Sub Registrar, Hubballi-North in respect of land bearing Sy.No.282/1 measuring 22.48 acres situated at Vaddatti village. It is further stated that on the basis of the said GPA, the petitioner got registered the sale deed in his name vide document No.5861/21-22 dated 02.03.2022. Subsequently, the complaina
The principle of parity in granting anticipatory bail based on similar allegations against co-accused.
Anticipatory bail may be granted in cases of alleged forgery and impersonation when the prosecution possesses the relevant documents, custodial interrogation is deemed unnecessary, and the accused ex....
The consensual nature of a relationship and the potential impact of granting anticipatory bail on the investigation were central to the court's decision.
Anticipatory bail is an extraordinary remedy and should be granted sparingly, especially where serious allegations warrant custodial interrogation for proper investigation.
Anticipatory bail is not to be granted routinely; it requires exceptional circumstances, and the court must assess the prima facie case and potential impact on the investigation.
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