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H. P. SANDESH
Shashikumar – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. The learned counsel for the petitioners has filed a memo stating that petitioner No. 1 has been arrested and thereafter enlarged on bail. Hence, he is not pressing the petition in respect of petitioner No. 1.
2. In view of the submission, the petition as against petitioner No. 1 is dismissed as having become infructuous.
3. This petition is filed under Section 438 of Cr.P.C. praying this Court to enlarge petitioner No. 2 on bail in the event of his arrest in respect of Crl.Misc.No. 641/2022 (Crime No. 82/2022) registered by Harihara Police Station, Davanagere District, for the offences punishable under Sections 323, 324, 354B, 504, 506 read with 34 of IPC.
4. Heard the learned counsel for petitioner No. 2 and the learned High Court Government Pleader appearing for the respondent-State.
5. The factual matrix of the case of the prosecution is that a complaint was filed by the victim that petitioner No. 2 and other accused both came and abused the victim and her husband in a filthy language due to previous ill-will and dragged her husband and assaulted on his face, cheek, right hand and left portion of the chest by taking the club, which was there at the shop and when she went
The main legal point established is that bail can be granted under Section 438 of Cr.P.C. based on the nature of the offences and specific allegations against the petitioner.
The main legal point established in the judgment is the exercise of discretion in favor of the petitioners for bail based on the distinction between the allegations against accused No. 1 for sexual a....
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.
The court has the discretion to grant bail based on the circumstances of the case and may impose specific conditions for the release of the accused.
The severity of the offense and the prima facie material available on record disentitled the petitioner from obtaining bail.
Bail is permissible even if preventive detention is in force if facts merit grant of relief.
A lesser degree of involvement in a serious crime may justify bail, especially when a co-accused has been granted bail under similar circumstances.
Bail can be granted when the injuries are trivial and custodial interrogation is not necessary.
The court granted bail under stringent conditions, citing lack of serious injury to the complainant.
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