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V SRISHANANDA
Waseem Pasha – Appellant
Versus
State By Banaswadi Police, Bangalore City. Kalyannagar, Banaswadi, Bangalore – Respondent
JUDGMENT/ORDER
V Srishananda, J. - Heard Sri. Yugandhar T., learned counsel for the petitioner and learned HCGP for the respondent.
2. This petition is filed under Section 438 of Cr.P.C. with the following prayer:
"WHEREFORE the petitioner prays that this Hon'ble Court be pleased to allow this Petition by enlarging the petitioner on an Anticipatory bain in the event of his arrest by the respondent Banasawadi Police in C.C.No.54860/2018 (Cr.No.378/2018) pending on the file of XI Additional Chief Metropolitan Magistrate, Mayohall, Bangalore, for offences punishable under Section 419, 468, 465, 471 read with Section 120B of IPC, on such terms and conditions as may be imposed by this Hon'ble Court, in the ends of justice.'
3. Petitioner is accused No.1 in respect of Crime No.378/2018 dated 23.07.2018 of Banaswadi police.
4. The brief facts of the case are as under:
Police Officer by name Sri. Umamahesh, has lodged a complaint with the Banaswadi Police on 23.07.2018, which was registered in Crime No.378/2018 for the offences punishable under Sections 419, 468, 420, 465, 471 read with Section 120(B) of the IPC against the petitioner and others.
5. Gist of the complaint averments reveal that Col
A person seeking anticipatory bail must establish themselves as a law-abiding citizen, and being shown as an absconding accused may disqualify them from being entitled to 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.
The main legal point established in the judgment is the liberal interpretation of Section 438 of Cr.P.C. in protecting personal liberty and the need for concrete facts and specific allegations in app....
Prima facie evidence of misappropriation and the necessity of custodial interrogation are key factors in deciding on anticipatory bail.
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....
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