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H. P. SANDESH
Mohammed Ashik – Appellant
Versus
State – Respondent
JUDGMENT
1. This petition is filed under Sec. 439 of Cr.P.C., seeking regular bail of the petitioners/accused Nos.1 and 2 in respect of Crime No.58/2022 registered by Sampigehalli Police Station, Bengaluru City, for the offences punishable under Ss. 353, 332 and 307 read with 34 of IPC.
2. Heard the learned counsel appearing 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 these two petitioners are accused in Crime No.45/2022 and on credible information received by the Inspector, who is the complainant that they are roaming; made an attempt to apprehend them, at that time, these two petitioners inflicted injury with a knife on one of the PSI. Hence, shot both of them and apprehended them. These two petitioners in order to prevent them from discharging the public duty, inflicted injury. Hence, a case has been registered against the petitioners herein for the offences punishable under Ss. 353, 332 and 307 read with 34 of IPC.
4. The learned counsel appearing for the petitioners would submit that these petitioners have been falsely implicated in the case and the alleged his
The court considered the nature of injuries sustained by the police officials and the need to protect the interest of the prosecution in granting bail to the accused.
The court considered the lack of sustained injuries, the nature of allegations, and the accused's previous bail history in granting bail and imposing conditions to protect the interest of the prosecu....
The completion of investigation and the existence of a prima facie case were key factors in granting bail to the petitioners.
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....
The main legal point established in the judgment is that the decision to grant bail was influenced by the lack of injury to police officials as per the charge sheet, the petitioners' clean record in ....
The court established that serious allegations of violence against law enforcement justify the denial of bail, regardless of procedural non-compliance, especially when co-accused remain at large.
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
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