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V SRISHANANDA
Nizam @ Mohammed Nizam – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT/ORDER
V Srishananda, J. - Heard Sri.Harish T. Bandary, learned counsel for the petitioner and Sri.Vinayaka S., learned HCGP for respondent-State.
2. This petition under Section 439 Cr.P.C. with the following prayer:
'WHEREFORE, it is respectfully prayed that this Hon'ble Court may kindly be pleased to enlarge him on bail in Crime No.122/2022 of Uppinangady Police Station, registered for the offence punishable under sections 447, 504, 323, 324, 307, 506, 143, 147, 148 read with section 149 of IPC by the Court of V Addl. District and Sessions Judge, Puttur, D.K in the interest of justice.'
3. The brief facts of the case are as under:
A complaint came to be lodged by Smt. Tahira, wife of Usman Beary on 26.11.2022 to Uppinangady Police, which was registered in Crime No.122/2022 for the offence punishable under Sections 447, 504, 323, 324, 307, 506, 143, 147, 148 read with Section 149 of IPC.
4. The gist of the complaint reveals that on 25.11.2022 at about 11.15 p.m., petitioner and others barged into the house of the complainant and banged the front door. Being surprised as to who is banging the front door, the injured being the husband of the complainant opened the front door. At t
The severity of the offense and the prima facie material available on record disentitled the petitioner from obtaining bail.
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 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....
The court considered the nature of the offences, the injuries suffered by the complainant, and the grant of anticipatory bail to accused No.1 in granting bail to the petitioner on the ground of parit....
The court established that bail can be granted even in serious cases if the evidence does not support the most severe charges and if the accused have no prior criminal history.
There is considerable progress in the investigation. So, in the facts and circumstances of the case, petitioners are entitled to be enlarged on bail on certain conditions.
The rejection of bail in another criminal case cannot be a ground for rejection of the bail petition. The Court must consider the nature of injuries, the scope of Section 439 of Cr.P.C, and the factu....
The court considered the progress in the investigation, the discharge of the injured from the hospital, and the examination of material witnesses as grounds for granting bail to the petitioners.
The main legal point established is that bail can be granted under Section 438 of Cr.P.C. based on the nature of the offences and specific allegations against the petitioner.
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.
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