Case Note & Summary
The petitioners, four individuals including members of Halakundi Gram Panchayat, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory bail in Crime No. 137/2023 registered at Ballari Rural Police Station for offences punishable under Sections 143, 147, 148, 323, 324, 307, 448, 427, 504, and 506 read with Section 149 of the Indian Penal Code, 1860 (IPC). The case was pending before the 3rd Additional Civil Judge (Jr.Dn.) and JMFC, Ballari. The petitioners were accused nos. 1, 4, 7, and 8 in the said crime. The court heard arguments from Sri. Srinand A. Pachhapure, learned counsel for the petitioners, Smt. Girija S. Hiremath, learned High Court Government Pleader for the respondent-State, and Shri. Sandesh Chouta, learned Senior Counsel representing Shri. Avinash M. Angadi for the complainant. After perusing the records, the court observed that considering the nature of allegations and the fact that the petitioners are members of the Gram Panchayat, no prima facie case was made out against them. Consequently, the court allowed the petition and granted anticipatory bail to the petitioners subject to certain conditions. The court directed that in the event of arrest, the petitioners shall be released on bail upon executing a personal bond of Rs. 1,00,000/- each with one surety of the like amount, and they must appear before the Investigating Officer as and when required, cooperate with the investigation, and not tamper with evidence or threaten witnesses.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 Cr.P.C. - Prima Facie Case - Petitioners sought anticipatory bail in a case involving offences under Sections 143, 147, 148, 323, 324, 307, 448, 427, 504, 506 r/w 149 IPC - Court held that considering the nature of allegations and the fact that the petitioners are members of Gram Panchayat and no prima facie case is made out against them, they are entitled to anticipatory bail - Held that the petition is allowed and anticipatory bail is granted subject to conditions (Paras 2-3).
Issue of Consideration
Whether the petitioners/accused are entitled to anticipatory bail under Section 438 of Cr.P.C. in Crime No. 137/2023 for offences including Sections 307, 143, 147, 148, 323, 324, 448, 427, 504, 506 r/w 149 IPC.
Final Decision
The petition is allowed. The petitioners/accused are granted anticipatory bail. In the event of arrest, the Investigating Officer shall release them on bail on executing a personal bond of Rs. 1,00,000/- each with one surety of the like amount, subject to conditions including appearance before the Investigating Officer as and when required, cooperation with investigation, and not tampering with evidence or threatening witnesses.
Law Points
- Anticipatory bail
- Section 438 Cr.P.C.
- Prima facie case
- Discretionary relief
- Nature of allegations
