Case Note & Summary
The petitioner, Smt. Bhavani Revanna, a married woman hailing from a family with undeniable political background, filed a petition under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail in Crime No.149/2024 registered on 02.05.2024 by K.R. Nagar Police Station, Mysore District, for offences punishable under Sections 364A and 365 read with Section 34 of the Indian Penal Code, 1860. The case was pending before the learned XLII Additional Chief Metropolitan Magistrate, Bengaluru. The petitioner was not named in the FIR; the persons named as accused were not before the court. After service of notice, the respondent-State appeared through the learned Special Public Prosecutor. The matter was heard for admission on 07.06.2024, and an interim anticipatory bail was granted with conditions. The State filed objections. The court, after hearing both sides, considered that the petitioner was not named in the FIR and that no prima facie case of kidnapping for ransom under Section 364A IPC was established against her. The court held that anticipatory bail could be granted subject to conditions to ensure the petitioner's presence and to prevent tampering with evidence. The petition was allowed, and the interim order was made absolute with additional conditions, including that the petitioner shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case, and shall cooperate with the investigation.
Headnote
A) Criminal Procedure - Anticipatory Bail - Section 438 CrPC - Discretionary Relief - Petitioner, a married woman from a political family, sought anticipatory bail in Crime No.149/2024 for offences under Sections 364A, 365 r/w 34 IPC - Court considered that petitioner was not named in the FIR and no prima facie case of kidnapping for ransom was made out against her - Held that anticipatory bail can be granted subject to conditions to secure her presence and prevent tampering with evidence (Paras 1-3).
Issue of Consideration
Whether the petitioner, a married woman not named in the FIR, is entitled to anticipatory bail under Section 438 CrPC for offences under Sections 364A, 365 r/w 34 IPC.
Final Decision
The petition is allowed. The interim order dated 07.06.2024 granting anticipatory bail is made absolute subject to conditions: (i) Petitioner shall execute a personal bond for Rs.2,00,000 with two sureties; (ii) She shall not tamper with evidence or influence witnesses; (iii) She shall appear before the investigating officer as and when required; (iv) She shall not leave the jurisdiction without prior permission; (v) She shall cooperate with the investigation.
Law Points
- Anticipatory bail
- Section 438 CrPC
- Kidnapping for ransom
- Section 364A IPC
- Prima facie case
- Discretionary relief
- Conditions of bail
