V SRISHANANDA
Kathyayini – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT/ORDER
V Srishananda, J. - Heard Sri Y.S. Prakash, learned counsel for the petitioners, and Sri S. Vishwamurthy, learned High Court Government Pleader for the respondent-State.
2. Present petition is filed under Section 438 of Code of Criminal Procedure, 1908, with the following prayer:
'WHEREFORE, the petitioners above named most respectfully prays that this Hon'ble Court may be pleased to enlarge them on anticipatory bail in Crime No.70 of 2022 of Respondent-Basaveshwara Nagar Police Station pending before 4th Additional Metropolitan Magistrate at Bengaluru (4th ACMM) against the petitioners for the offences punishable under Sections 506, 504, 406, and 420 read with 34 of the Indian Penal Code, on such terms and conditions that this Hon'ble Court deems fit and proper to grant in the circumstances of the case to meet the ends of justice."
3. The brief facts of the case are as under:
A complaint came to be filed by Sri A.M.R. Veeraiah, S/o. A.M.R. Kottura Basayya at Basaveshwara Nagar Police Station, Bengaluru, in Crime No.70 of 2022 for the offences punishable under Sections 506, 504, 406 and 420 read with Section 34 of the Indian Penal Code, 1860, against the petitioner and an
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 ....
Grant of anticipatory bail based on lack of specific overt acts or allegations against the petitioners.
Anticipatory bail can be granted when the allegations do not involve severe penalties, and the accused is required to cooperate with the investigation.
The court balanced the right of the petitioner with the need for custodial investigation in granting anticipatory bail.
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