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V SRISHANANDA
Kumara – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT/ORDER
V Srishananda, J. - Heard Sri. Rudrappa P., 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 respectfully prayed that this Hon'ble Court be pleased to allow this petition and release the Petitioner (Accused No.5) on bail in connection with the Crime No.336/2022 by the Baramasagara Police Station for the alleged offences punishable under Sections 143, 147, 148, 323, 324, 307, 354, 427, 504, 506 read with Section 149 of Indian Penal Code, in the event of his arrest by the respondent police, in the interest of justice and equity."
3. The brief facts of the case are as under:
A complaint came to be lodged by Sri.Umesha S/o Parasappa with Bharamasagara Police Station, Chitradurga District, which was registered in Crime No.336/2022 on 06.12.2022 for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 354, 427, 504, 506 read with Section 149 of Indian Penal Code (hereinafter referred to as 'the IPC for short).
4. The gist of the complaint averments reveals tha
The main legal point established in the judgment is that the gravity of the offense and the petitioner's availability to the Investigating Agency are crucial factors in deciding whether to grant anti....
Anticipatory bail can be granted when the allegations do not involve severe penalties, and the accused is required to cooperate with the investigation.
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 is the balancing of the need for custodial investigation with the rights of the petitioner in the grant of anticipatory bail.
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 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.
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.
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