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V. SRISHANANDA
H K Sathish Chandra – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT/ORDER
1. Heard Sri. Sridhar A. G., learned counsel for the petitioner and Sri. S. Vishwa Murthy, learned High Court Government Pleader for the respondent-State.
2. Present petition is filed under Sec. 438 of Cr.P.C. with the following prayer:
"WHEREFORE, the petitioner/accused No.5 most respectfully prays that, this Hon'ble Court be pleased to enlarge the petitioner/accused No.5 on bail in C.C. No.114/2020 (Crime No.217/2017 on the file of the Addl. Civil Judge (Sr. Dn.) and CJM Court, Channapatna, Ramanagara District, which is registered by Akkur Police Station, for the offences punishable under Ss. 409, 419, 420, 465 r/w 34 of IPC in the event of his arrest, along with granting other necessary reliefs in the circumstance of the petition in the interest of justice and equity."
3. The brief facts of the case are as under: Basavaraju S/o. Late Siddabasappa filed a complaint with Akkur Police Station on 12/10/2017, which was registered in Crime No.217/2017 for the offences punishable under Sec. 409, 419, 420, 465, 467, 468 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short).
4. The gist of the complaint averments reveals that the prese
The necessity of custodial investigation and the petitioner's cooperation with the Investigating Agency in a case involving serious allegations of financial scam and negligence in discharging duty.
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.
Anticipatory bail granted based on the applicant's lack of criminal history and willingness to cooperate with the investigation, emphasizing the need for judicious discretion in bail applications.
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 ....
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....
The importance of gravity of the offence, the accused's cooperation in the investigation, and the principle of presumption of innocence are crucial factors in deciding on anticipatory bail.
Prima facie evidence of misappropriation and the necessity of custodial interrogation are key factors in deciding on anticipatory bail.
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