Case Note & Summary
The petitioners, Bassappa @ Muttappa and Somanna @ Somaligappa, filed a successive bail petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court of Karnataka, Kalaburagi Bench, seeking anticipatory bail in Crime No.63/2021 of Narayanapur Police Station, Hunasagi Taluk, Yadgir District, for offences punishable under Sections 143, 147, 148, 323, 324, 307, 341, 354, 504, 506 read with Section 149 of the Indian Penal Code, 1860 (IPC). The petitioners had earlier filed a bail petition (Crl.P.No.201650/2021) which was rejected by the same court on 09.12.2021. The present petition was filed on the ground of change in circumstances, as the investigation was completed and the charge sheet had been filed. The learned counsel for the petitioners argued that the petitioners were not named in the FIR and that their custodial interrogation was not required. The learned High Court Government Pleader (HCGP) opposed the bail, citing the seriousness of the offences, particularly Section 307 IPC (attempt to murder). The court, after hearing both sides, noted that the earlier rejection was based on the stage of investigation, but now the investigation was complete and the charge sheet had been filed. The court also observed that the petitioners had no criminal antecedents and that their custodial interrogation was not necessary. Accordingly, the court allowed the petition and granted anticipatory bail to the petitioners, subject to conditions including executing a personal bond of Rs.1,00,000/- with one surety, appearing before the Investigating Officer as required, not tampering with evidence, and not leaving the jurisdiction without prior permission. The court clarified that the observations were only for the purpose of considering the bail petition and should not influence the trial.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Successive Bail Petition - Change in Circumstances - The court considered a successive bail petition under Section 438 Cr.P.C. after earlier rejection, noting that the investigation was complete and charge sheet had been filed, constituting a change in circumstances. The court held that the petitioners, who had no criminal antecedents, were entitled to anticipatory bail as their custodial interrogation was not required. (Paras 2-6) B) Indian Penal Code - Offences under Sections 143, 147, 148, 323, 324, 307, 341, 354, 504, 506 read with 149 IPC - Anticipatory Bail - The court examined the allegations of unlawful assembly and attempt to murder, but found that the petitioners were not named in the FIR and the investigation was complete. The court granted bail subject to conditions, emphasizing that the petitioners must cooperate with the trial. (Paras 2-6)
Issue of Consideration
Whether the petitioners are entitled to anticipatory bail in a successive bail petition under Section 438 Cr.P.C. for offences including Section 307 IPC, considering the change in circumstances and completion of investigation.
Final Decision
The petition is allowed. The petitioners are ordered to be released on bail in the event of arrest in Crime No.63/2021 of Narayanapur Police Station, subject to executing a personal bond of Rs.1,00,000/- each with one surety, appearing before the Investigating Officer as required, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Law Points
- Anticipatory bail
- successive bail petition
- change in circumstances
- Section 438 Cr.P.C.
- completion of investigation
- no criminal antecedents
