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H. P. SANDESH
Asif Khan – Appellant
Versus
State – Respondent
JUDGMENT
1. This petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners/accused on bail, in the event of their arrest in respect of Crime No. 25/2022 registered by Hassan Women Police Station, Hassan, for the offences punishable under Sections 498-A, 323, 504, 307, 114 and 506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case of the prosecution is that the marriage of the victim was performed with the accused No. 1 ten years ago and in the said wedlock, she gave birth to two children. It is alleged in the complaint that she was subjected to both mental and physical harassment and all of them joined together and disconnected electricity and caused inconvenience to the victim. That on 18.04.2022, her husband and also mother-in-law suddenly trespassed the house and both of them holding her hands and also neck made an attempt to commit murder and assaulted and kicked her on chest and also abdomen. When she escaped from the said blow, the husband brought the chopper from
The court's decision to grant bail was influenced by the gravity of the offence, the nature of injuries, and the pending dispute, highlighting the importance of considering these factors in bail deci....
The court considered the severity of the offences, the delay in lodging the complaint, and the nature of the allegations in granting bail under Section 438 of Cr.P.C.
The main legal point established in the judgment is that the timing of the complaint, the nature of the allegations, and the need for further investigation are crucial factors in determining the gran....
The court's decision was influenced by the gravity of the offence and the fact that the offences were not punishable with death or imprisonment for life.
Bail is a rule and rejection is an exception, and the specific circumstances of the case must be considered when granting or rejecting bail in non-bailable offences.
The court considered the specific allegation and medical opinion in determining the appropriateness of granting bail to the petitioner.
The court's decision was influenced by the specific allegations made against the first petitioner/a1, the lack of specific allegations against the other petitioners/a-2 to a-4, and the direction for ....
Entitlement to anticipatory bail based on specific allegations of harassment and illegal demands.
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