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H. P. SANDESH
Nissar Ahammed – Appellant
Versus
State – Respondent
JUDGMENT
1. This petition is filed under Section 438 of Cr.P.C. praying this Court to enlarge the petitioner on bail in the event of his arrest in respect of Crime No. 18/2022 registered by the Basavapatna Police Station, Davanagere, for the offences punishable under Sections 448, 376, 323, 307, 355, 504, 143, 147, 148 read with Section 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 factual matrix of the case is that on 18.10.2021, accused No. 1 when CW4, 5, 7 were not there in the house, used to visit the house of CW1 and instructed her to marry him and the said fact was revealed to CW4, 5, and 7 by CW1, they called accused Nos.1, 2, 3, 4 and advised them and when CW1's marriage was fixed, accused No. 1 abused CW11 who made arrangements for marriage and told her not to perform CW1's marriage and hence, marriage was not taken place and thereafter, accused No. 1 escaped from the village and that on 25.01.2022, he came back and when CW4, 5 and 7 were not in the house, illegally trespassed into the house of CW1 and outraged the modesty of a women and also caused threat to her and when t
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 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 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'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.
Discrepancies in victim's statements, absence of supporting evidence, and delay in filing the complaint can be considered in granting bail.
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 absence of specific overt acts against the petitioner in the nature of allegations led to the grant of pre-arrest bail under Section 438 of the Cr.P.C.
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 nature of the offence determines the eligibility for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.
The court's decision was influenced by the finding that there were sufficient materials to constitute the offence under Sec. 302 of IPC and that the petitioners failed to provide a satisfactory expla....
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