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K. NATARAJAN
R. D. Patil @ Rudragouda – Appellant
Versus
State – Respondent
ORDER :
K. Natarajan, J. - Criminal Petition No.201625/2023 is filed by the petitioner/accused No.2 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.295/2023 registered by University Police Station, Kalaburagi, for the offences punishable under Sections 109, 114, 120B, 420, 34, 37 of IPC and section 66(D) of Information Technology Act, 2008 (for short, hereinafter referred to as 'IT Act')
2. Criminal Petition No.201627/2023 is filed by the same petitioner who is accused No.1 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.267/2023 registered by Afzalpur Police Station, Kalaburagi District, for the offences punishable under Sections 109, 114, 120B, 420, 34, 36, 37, 149 of IPC.
3. Criminal Petition No.201738/2023 is filed by the same petitioner/accused under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.144/2023 registered by Yadgiri Town Police Station, Yadgir District, for the offences punishable under Sections 109, 114, 120B, 420, 149 of IPC.
4. Criminal Petition No.201736/2023 is filed by the same petitioner/accused under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.145/2023 registered by Yadgiri Town Police Stat
The court dismissed anticipatory bail petitions due to the serious nature of allegations against the petitioner, emphasizing the need for custodial interrogation and the risk of witness tampering.
The court reaffirms that anticipatory bail is not to be granted where there is substantial evidence indicating involvement in serious offences affecting societal interests.
Anticipatory bail may be granted in exceptional circumstances, balancing individual liberty against the integrity of the investigation, particularly when the alleged offences do not exceed seven year....
The court denied anticipatory bail due to prima facie evidence of a conspiracy to defraud the Civil Services Examination system, emphasizing the need for custodial interrogation.
Parameters for grant of anticipatory bail in a serious offence are required to be satisfied and further while granting such relief, Court must record reasons therefor. Anticipatory bail can be grante....
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.
The court emphasized the necessity of corroborative evidence in cases of examination fraud, reinforcing that bail is the rule and jail is the exception.
Deprivation of liberty before conviction should be minimized unless necessary for securing attendance at trial.
The main legal point established in the judgment is the significance of prima facie evidence, the impact of the alleged offences on society, and the ongoing investigation in determining the rejection....
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