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M. NAGAPRASANNA
PRAJWAL REVANNA S/O H. D. REVANNA – Appellant
Versus
STATE BY CYBER CRIME POLICE STATION, CID, BENGALURU – Respondent
ORDER :
1. The petitioner/accused in custody concerning Crime No. 2 of 2024 registered for offences punishable under Sections 376(2)(n), 376(2)(k), 354A, 354B, 354C, 506 of the IPC and Section 66(E) of the Information Technology Act, 2008 and pending before the LXXXI Additional City Civil and Sessions Judge, Bangalore city, is knocking at the doors of this Court seeking his release on grant of anticipatory bail under Section 438 of the Cr.P.C. for it having been turned down by the Court of Sessions.
2. Heard Sri Prabhuling K. Navadgi, learned senior counsel appearing for the petitioner and Prof. Ravi Varma Kumar, learned Special Public Prosecutor for the respondent.
3. Facts, in brief, germane are as follows:
The court denied anticipatory bail due to the gravity of sexual offences and prima facie evidence against the petitioner, highlighting risks of witness tampering.
The main legal point established in the judgment is the consideration of various factors and parameters for granting anticipatory bail, including the nature and gravity of the accusation, the anteced....
Delay in filing FIR in sexual assault cases is not fatal; courts must consider psychological barriers faced by victims.
The seriousness of the offences, nature of evidence, and principles of bail as established by the Apex Court are crucial factors in determining entitlement to bail.
Bailable offences should not preclude anticipatory bail unless exceptional circumstances justify denial; mere criminal history is not sufficient grounds for restraint.
While considering application for grant of anticipatory bail court has to consider nature of offence, role of person, likelihood of his influencing course of investigation, or tampering with evidence....
Anticipatory bail is not a right and should only be granted in exceptional circumstances, particularly in serious allegations where custodial interrogation is necessary to protect the investigation.
The main legal point established is the need to carefully examine the nature of the relationship, the genuineness of the prosecution, and the balance between the rights of the accused and the interes....
The court emphasized the statutory bar on granting anticipatory bail in cases involving allegations under IPC section 376(3) and relied on victim statements and expert panel reports to establish a pr....
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