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V SRISHANANDA
Sanjay Murthy H N – Appellant
Versus
State of Karnataka By Shivajinagar Police Station Bengaluru – Respondent
JUDGMENT/ORDER
V Srishananda, J. - Heard Sri. Akarsh S.Kanade, learned counsel for Sri. Subhash Chandra Bose, for petitioner and learned HCGP for the respondent/State.
2. This petition is filed under Section 438 Cr.P.C. with the following prayer:
'Wherefore, Petitioner humbly prays that this Hon'ble Court may be pleased to release him on anticipatory bail, under section 438 of Code of Criminal Procedure, in the event of his arrest, by the Respondent police, in Shivajinagar Police Station Crime No.0117/2022, for the offences punishable under sections in Cr.No.0117/2022, for the offences punishable U/Sec 206, 209, 424, 466, 34, 421, 420, 447, 452, 455, 468, 469, 471, 473, 474, 415, 441, 445, 463 of IPC., on the file of Hon'ble 29th ACMM Court, Bengaluru, in the interest of justice and equity.'
3. Smt. R.Umarani W/o D.Illangovan filed a private complaint on the file of the 29th Additional Chief Metropolitan Magistrate Court, Bengaluru in PCR No.56600/2022. Based on the said private complaint, an FIR came to be registered by the Shivajinagar Police Station on 14.10.2022 in Crime No.117/2022 for the offences punishable under Sections 206, 209, 424, 466, 34, 421, 420, 447, 452, 455, 468, 469
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 ....
An accused who is already in custody cannot seek anticipatory bail; they must apply for regular bail under Section 437 of the Cr.P.C.
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 court balanced the right of the petitioner with the need for custodial investigation in granting anticipatory bail.
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