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V SRISHANANDA
Kiran Kumar – Appellant
Versus
State By The Karnataka, Basavanagudi Police Station, Represented By S. p. p. – Respondent
JUDGMENT/ORDER
V Srishananda, J. - Heard Sri Feroze Nizam A., learned Counsel for the petitioner and Sri Vinayaka V.S., learned HCGP for the respondent-State.
2. This petition is filed under Section 438 Cr.P.C. with the following prayer:
'Wherefore, the Petitioner prays that the Hon'ble Court be pleased to grant anticipatory bail by directing the respondent police i.e. Basavanagudi Police Station to enlarge the Petitioner on Bail in the event of any arrest in Cr. No.201/2022 for the offences punishable under Section 403, 409, 420 and 468 r/w section 34 of IPC registered before the Respondent Basavanagudi Police Station and pending before the IV Additional Chief Metropolitan Magistrate at Bangalore with such other terms and condition as this Hon'ble Court may deems fit to grant in the circumstances of the case, in the interest of justice.'
3. Brief facts of the case are as under:
Upon the complaint lodged by Sachin Patil, Basavanagudi Police registered a case in Crime No.201/2022 on 16.12.2022 for the offences punishable under Sections 403, 409 and 420 IPC against the petitioner and Smt.Rajeshwari.
4. The gist of the complaint averments reveal that the petitioner along with other accused
The main legal point established in the judgment is the court's discretion to grant anticipatory bail under Section 438 of Cr.P.C. based on the accused's willingness to comply with specific condition....
Anticipatory bail granted with conditions for investigation despite misappropriation allegations.
The main legal point established in the judgment is the exercise of discretion in granting anticipatory bail based on the nature of the allegations, role attributed to the accused, and the law laid d....
The decision not to grant pre-arrest bail was based on the audit report showing misappropriation of a substantial amount of money by the petitioner.
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