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M. NAGAPRASANNA
State Of Karnataka – Appellant
Versus
Revanna H. D. , s/o H. D. Devegowda – Respondent
ORDER :
The petitioner/State by Special Investigating Team, CID has preferred the subject criminal petition calling in question the order dated 13-05-2024 passed by the LXXXI Additional City Civil and Sessions Judge, Bengaluru in Criminal Miscellaneous No. 4229 of 2024 granting bail to the respondent invoking its power under Section 439 of the Cr.P.C.
2. Heard Prof. Ravi Varma Kumar, learned Special Public Prosecutor along with Sri B.N. Jagadeesha, learned Special Public Prosecutor appearing for the petitioner and Sri C.V. Nagesh, learned senior counsel appearing for the respondent.
3. Facts, in brief, germane are as follows:-
The genesis of the issue is when certain videos of the son of the respondent which depict sexual abuse and sexual assault on several women get circulated from Hassan Lok Sabha constituency. It is reported then that these videos were an object of sexual exploitation by the then Member of Parliament Sri. Prajwal Revanna. Certain victims come forward to file a complaint against the said Member of Parliament on 28-04-2024 before Holenarasipura Town Police Station. The Holenarasipura Town Police Station then registers a crime in Crime No.107 of 2024 against two person
Bail under Section 439 of Cr.P.C. is not to be denied solely based on serious allegations; the prosecution must provide prima facie evidence relevant to the charges for bail cancellation.
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
Cancellation of Bail – Court while granting bail has not considered the nature and gravity of the accusations, severity of the punishment in the event of bail, likelihood of repetition of the offence....
The importance of complying with mandatory provisions of the law, recording reasons for granting or denying bail, and applying judicial mind in bail matters.
(1) Very cogent and overwhelming circumstances are necessary for cancellation of bail and bail once granted, should not be cancelled in a mechanical manner.(2) For cancelling bail once granted, Court....
Cancellation of bail requires very cogent and overwhelming circumstances, and the emotional impact on the victim can be a crucial factor in assessing the gravity of the offence.
The main legal point established in the judgment is that the grounds for cancellation of bail must be justified under section 439(2) Cr.P.C., and the progress of the investigation and the likelihood ....
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