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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.Vishwajith Shetty
Sajeesh M.M. @ Mani, S/O Mohana M K – Appellant
Versus
State Of Karnataka, Through Mangaluru Rural Police Station – Respondent
ORDER :
S Vishwajith Shetty, J.
Accused Nos.7, 12 and 13 in Crime No.52/2024 registered by Mangaluru Rural Police Station, Mangaluru City for offences punishable under Sections 120-B, 457, 342, 323, 324, 307, 395, 397, 506, 201 read with Section 149 of IPC are before this Court in these three petitions filed under Section 439 of Cr.PC seeking regular bail.
2. Heard the learned Counsel for the parties.
3. FIR in Crime No.52/2024 was registered by Mangaluru Rural Police Station, Mangaluru City, initially for the offence punishable under Sections 395 , 397, 506 read with Section 149 of IPC against unknown persons, based on the first information dated 22.06.2024 received from Padmanabha Kotyan s/o Late.Lokaya Poojary.
4. During the course of investigation of the case accused No.7 was arrested on 04.07.2024 and accused Nos.12 and 13 were arrested on 26.08.2024 and subsequently, they were remanded to judicial custody. After completing investigation, charge sheet has been filed against 18 persons and petitioners herein are arraigned as accused Nos.7, 12 and 13 respectively in the charge sheet. Bail application filed by the petitioners before the jurisdictional Sessions Court was rejected. Ther
Bail should not be a punitive measure; accused can be released if custody is unnecessary and they do not have criminal antecedents.
The court granted bail due to lengthy custody, similarity of allegations with a co-accused who received bail, and lack of evidence suggesting witness tampering.
Delay in filing FIR, alongside previous bail grants to co-accused, justified the granting of anticipatory and regular bail to the petitioners despite their criminal antecedents.
The court grants bail based on the petitioners' lack of prior criminal records and the protracted timeline of the trial process, emphasizing the necessity for a fair trial without undue detention.
Absence of criminal antecedents and settlement between parties are key factors in granting bail, despite serious allegations.
The court denied pre-arrest bail based on established prima facie evidence of impersonation and extortion, emphasizing the need to maintain investigative integrity and considering the petitioners' cr....
(1) Anticipatory bail – Attitude of arresting first and then proceeding with rest is despicable – Law presumes an Accused to be innocent until his guilt is proven.(2) Anticipatory bail – Bail is rule....
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