Back
V SRISHANANDA
Chandrashekar G – Appellant
Versus
State By, The Station House Officer, Bommanahalli Police Station, Bangalore. Represented By State Public Prosecutor, (high Court Of Karantaka) Pin Code - 560001 – Respondent
JUDGMENT/ORDER
V Srishananda, J. - Heard Sri. Ranganatha Reddy.R, learned counsel for the petitioner and Sri. Vinayaka.S, learned High Court Government Pleader for the respondent-State. Perused the records.
2. Present petition is filed under Section 439 of Cr.P.C. with the following prayer:
'Wherefore, the petitioner humbly prays that this Hon'ble Court may kindly be pleased to ordered the Petitioner to be enlarged on bail in Crime No.280/2022 registered by Bommanahalli Police and registered in CMM at Bangalore for offences punishable under Sections 307, 498(a) r/w 34 of the Indian Penal code on such terms and conditions as this Hon'ble Court may deem fit to impose in the circumstances of the case and in the interest of justice.'
3. The brief facts of the case are as under:
Upon the complaint lodged by wife of the petitioner, with the Bommanahalli police Station, a case in Crime No.280/2022 for the offences punishable under Sections 498(A), 307 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) came to be registered by the Bommanahalli Police.
4. Gist of the complaint averment reveals that the petitioner being husband was ill-treating the com
The court's decision was based on the assessment of the nature of injuries, the filing of the charge sheet, and the special powers vested with the court under Section 439 of Cr.P.C.
The severity of the offense and the prima facie material available on record disentitled the petitioner from obtaining bail.
The court's decision was influenced by the gravity of the offence and the fact that the offences were not punishable with death or imprisonment for life.
The main legal point established in the judgment is that the nature of the injury sustained by the victim and the period of custody of the accused are crucial factors in determining whether bail shou....
Bail is a rule and rejection is an exception, and the court must consider various factors, including the nature of the offense and the character of the accused, when deciding on bail applications.
Bail should not always be denied in cases of death or life imprisonment, and the conduct of the accused and completion of investigation should be considered before granting bail.
The willingness of families to perform marriage and precedent of a similar case influenced the court's decision to grant bail.
The court has the discretion to grant bail based on the circumstances of the case and may impose specific conditions for the release of the accused.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
