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V SRISHANANDA
Narashimmaiah K H – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT/ORDER
V Srishananda, J. - Heard Sri.Appaji K.R., learned counsel for the petitioner and Sri. Vinayaka V.S., learned High Court Government Pleader for the respondent-State. Perused the records.
2. Present petition is filed under Section 438 of Cr.P.C. with the following prayer:
'Wherefore, the petitioner (Accused No.3) prays that this Hon'ble Court may be pleased to enlarge the petitioner on anticipatory bail in the event of arrest in CR.NO.411/2022 for the alleged offences punishable under Sections 307 of I.P.C. of Respondent Byadarahalli police and also filed chargesheet in CC No.26636/2022 the offence was altered in chargesheet under section 143, 147, 148, 460, 395, 397, 212 R/W 149 of I.P.C. the above CC pending on the Chief Judicial Magistrate Court at Bengaluru Rural District in the above case, in the interest of justice."
3. The brief facts of the case are as under:
One Vasantha G.Y., son of Yallaiah filed a complaint with Byadarahalli Police Station on 20.08.2022, which was registered in Crime No.411/2022, initially for the offences punishable under Sections 307 and 397 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) against the petitioner and
The main legal point established in the judgment is the court's discretion in granting anticipatory bail, emphasizing the importance of the petitioner's cooperation with the Investigating Agency and ....
Anticipatory bail can be granted when the allegations do not involve severe penalties, and the accused is required to cooperate with the investigation.
The gravity of the offense, injuries sustained by the complainant, and the necessity of custodial investigation are crucial factors in determining the entitlement to anticipatory bail.
The court's decision was based on the consideration that the offences were not punishable with death or imprisonment for life, and the conditions imposed to address the apprehension of absconding or ....
The court balanced the rights of the accused petitioner with the need for custodial investigation, allowing the criminal petition and imposing specific conditions for bail.
The absence of ingredients of a specific criminal offence and the need to balance apprehensions raised by the prosecution with the right of the accused to seek anticipatory bail.
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