Case Note & Summary
The State of Karnataka, through its Special Investigating Team (SIT), CID, preferred a criminal petition under Section 439(2) of the Code of Criminal Procedure, 1973, seeking cancellation of regular bail granted to the respondent, a sitting Member of the Legislative Assembly, by the Sessions Court on 13-05-2024. The background involved allegations of sexual assault by the respondent's son, a then Member of Parliament, against several women, including a former domestic help at the respondent's house. Viral videos of the assaults led to registration of Crime No.107 of 2024 under Sections 354A, 354D, 506, and 509 of the Indian Penal Code, 1860. Subsequently, a complaint was lodged on 02-05-2024 alleging that the respondent, along with other accused, had kidnapped the victim (the domestic help) and threatened her to prevent cooperation with the investigation. This resulted in Crime No.149 of 2024 under Sections 364A, 365 read with 34 of the Indian Penal Code. The case was transferred to the SIT CID on 03-05-2024. The respondent's anticipatory bail was rejected, and he was arrested on 04-05-2024, remanded to police custody until 08-05-2024. A regular bail petition was filed on 06-05-2024, and the Sessions Court granted bail on 13-05-2024. The State challenged this bail order, arguing that the Sessions Court ignored prima facie evidence of a serious offence under Section 364A, which carries a minimum sentence of ten years and can extend to life imprisonment, and that the bail was granted on irrelevant considerations. The respondent's counsel contended that the parameters for cancellation of bail are narrow and that the Sessions Court correctly found no prima facie case. The High Court heard the arguments and reserved its order, but the provided judgment text does not include the final decision or ratio decidendi, ending with the reproduction of the Sessions Court's order granting bail.
Issue of Consideration
Whether the order granting regular bail to the respondent under Section 439 CrPC in Crime No.149/2024 for offences under Sections 364A, 365 read with 34 IPC should be cancelled under Section 439(2) CrPC.
Law Points
- cancellation of bail
- parameters for cancellation of bail
- prima facie case under Section 364A IPC
- Section 439(2) CrPC
- difference between considerations for grant and cancellation of bail
Case Details
2024 LawText (KAR) (08) 37
Criminal Petition No. 4914 of 2024
Prof. Sri Ravi Varma Kumar, Sri B.N. Jagadeesha, Sri C.V. Nagesh, Sri Somesgouda A. N., Sri Madhav B. Kashyap
The State of Karnataka, State by SIT CID
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Nature of Litigation
Petition under Section 439(2) of the Code of Criminal Procedure, 1973, seeking cancellation of bail.
Remedy Sought
The State seeks cancellation of the regular bail granted to the respondent/accused No.1 by the Sessions Court on 13-05-2024.
Filing Reason
The State contends that the Sessions Court erroneously granted bail despite prima facie evidence of offences under Sections 364A, 365, and 34 of the Indian Penal Code, and that the order was based on irrelevant considerations.
Previous Decisions
The LXXXI Additional City Civil and Sessions Judge, Bengaluru, granted regular bail on 13-05-2024 in Criminal Miscellaneous No. 4229 of 2024; prior to that, the respondent's anticipatory bail application was rejected.
Issues
Whether the Sessions Court's order granting regular bail to the respondent for offences under Sections 364A, 365, and 34 IPC was perverse and based on irrelevant considerations?
Whether the bail order should be cancelled under Section 439(2) CrPC?
Submissions/Arguments
The Special Public Prosecutor argued that prima facie evidence established the offence under Section 364A IPC, which carries a minimum sentence of ten years, and that the bail was granted ignoring clear evidence of kidnapping and criminal conspiracy.
The Senior Counsel for the respondent contended that the court must consider the distinct parameters for cancellation of bail, that the Sessions Court correctly found no prima facie evidence against the accused, and that a coordinate bench had granted bail to a co-accused in similar circumstances.
Judgment Excerpts
The complaint then becomes a crime in Crime No.149 of 2024 against several accused. Accused No.1 is H.D.Revanna and accused No.2 is Sathish Babanna. The offences alleged are Sections 364A, 365 read with 34 of the IPC.
The case is required to be appreciated in the back drop of the allegations which has been leveled against the petitioner.
Procedural History
A complaint was registered on 02-05-2024 under Sections 364A, 365, and 34 IPC. The case was transferred to the SIT CID on 03-05-2024. The respondent's anticipatory bail application was rejected. He was arrested on 04-05-2024 and remanded to police custody until 08-05-2024. A regular bail petition was filed on 06-05-2024, and the Sessions Court granted bail on 13-05-2024. The State filed the present petition under Section 439(2) CrPC challenging the bail order.
Acts & Sections
- Code of Criminal Procedure, 1973: 439, 439(2)
- Indian Penal Code, 1860: 364A, 365, 34, 354A, 354D, 506, 509
