Back
RAJENDRA BADAMIKAR
Mohammed Showkath Pasha – Appellant
Versus
State of Karnataka – Respondent
ORDER
Rajendra Badamikar, J.
These petitions are filed by Accused Nos.4, 5 & 6 under Section 439 of Cr.P.C., for enlarging them on regular bail in Crime No.33/2024 of Tilak Park Police Station, Tumakuru District, registered for the offences punishable under Sections 143, 144, 147, 341, 427, 332, 353, 307, 387, 114 read with 149 of IPC, pending on the file of III Additional Civil Judge (Jr.Dn.) and JMFC Court, Tumakuru District.
2. The petitioners in Criminal Petition No.3377/2024 are arraigned as Accused Nos. 4 & 5 and the petitioner in Criminal Petition No.3423/2024 is arraigned as Accused No.6.
3. Heard the learned counsel for the petitioners and the learned HCGP for the Respondent-State. Perused the records.
4. The allegation of the prosecution discloses that, the complainant is a police constable of Rayapuram Police Station, Old Washermenpet District. It is alleged that Accused No.2 is an accused in SC No.319/2023 on the file of the Principal Sessions Judge at Chennai City pertaining to the offences under Sections 341, 294-B, 336, 427, 392 r/w. 397 and 506(ii) of IPC. A Non-bailable Warrant was issued by the Principal Sessions Judge at Chennai against Accused No.2 in SC No.319/2023
The court established that serious allegations of violence against law enforcement justify the denial of bail, regardless of procedural non-compliance, especially when co-accused remain at large.
Point of Law : Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people.
Anticipatory Bail – While considering prayer for grant of anticipatory bail, balance has to be struck between two factors; no prejudice should be caused to free, fair and full investigation and there....
Confessional statements made by accused persons before a police officer after the investigation has started are inadmissible as evidence.
Confessional statements made by an accused person to a police officer after the investigation has started are inadmissible as evidence.
The registration of multiple FIRs concerning the same incident is barred unless initiated by the court involved in the first FIR, ensuring adherence to procedural safeguards in criminal justice.
Pre-arrest bail can be granted where allegations are not supported by evidence on record.
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
