K. NATARAJAN
Sandeep Gururaj – Appellant
Versus
State of Karnataka By Cubbon Park Ps, Bengaluru – Respondent
ORDER
K.Natarajan, J.
This petition is filed by the petitioner-accused No.3 under Section 438 of Cr.P.C., for granting anticipatory bail in Crime No.137/2019 registered by Cubbon Park police station, Bengaluru and charge sheeted for the offences punishable under Sections 120B, 420, 149, 423, 465, 468, 471, 506 of IPC, now pending on the file of VIII ACMM, Bangalore in C.C. No.23541/2019.
2. Heard the arguments of learned counsel for the petitioner, learned Senior Counsel for the respondent No.2 and learned High Court Government Pleader for the respondent No.1/State.
3. The case of the prosecution is that, a private complaint was filed by the respondent No.2 in PCR No.9076/2019 before the Magistrate and got it referred to the police under Section 156(3) of Cr.P.C. In turn, the police registered FIR and investigated the matter and filed charge sheet. It is alleged by the complainant that he met accused No.1/Praveen Surendiran, an employee of M/s OPC Assets Solutions Private Limited, Mumbai. The accused No.2 was software developer. The complainant along with accused Nos.1 and 2 launched a software based manpower service and repair centre. Accused No.2 was co-founder of a company by name
CBI Vs Anupam Kulkarni case reported in (1992) 3 SCC 141
State of Haryana and Ors Vs Dinesh Kumar in (2008) 3 SCC 222.
Anticipatory bail applications are maintainable even if the petitioner is already in custody for another case, affirming the protection of personal liberty under Article 21.
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
The jurisdiction to grant anticipatory bail exists even after a non-bailable warrant is issued, emphasizing judicial discretion in such matters.
Anticipatory bail petitions are maintainable for offences with a penalty of up to seven years, and jurisdictional courts must adjudicate these applications rather than merely disposing them without c....
The discretion for granting anticipatory bail should be exercised with care and circumspection, and the nature and gravity of the accusation, the antecedents of the applicant, and the possibility of ....
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