Case Note & Summary
The petitioner, Santosh S/o Hari Kadam, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking to set aside the order of the Principal Sessions Judge, Koppal, in Criminal Revision Petition No.21/2021 dated 07.07.2021, which had confirmed the order of the Civil Judge and JMFC, Yelburga, in C.C.No.1/2021, rejecting his bail application. The petitioner was arrayed as accused No.1 in Crime No.78/2020 registered by Bevoor Police Station, Koppal District, for offences punishable under Sections 380, 457, 458, 382, 201 of the Indian Penal Code, 1860, and Section 25(1-A) of the Arms Act, 1959. The brief facts are that the petitioner was prosecuted for these offences. The High Court, after hearing the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State, observed that the custodial interrogation of the petitioner was not required and that the petitioner was a permanent resident of Ghatane, Taluka Mohol, District Solapur, Maharashtra, with no criminal antecedents. The court also noted that the trial was likely to take time. Consequently, the court allowed the petition, set aside the impugned orders, and enlarged the petitioner on regular bail subject to conditions including executing a personal bond of Rs.1,00,000 with one surety, appearing before the court regularly, not tampering with prosecution witnesses, and not committing similar offences.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Regular Bail - Petitioner/accused No.1 sought bail for offences under Sections 380, 457, 458, 382, 201 IPC and Section 25(1-A) Arms Act - Court considered that custodial interrogation was not required and that the petitioner was a permanent resident with no criminal antecedents - Held that petitioner is entitled to bail subject to conditions (Paras 1-3).
Issue of Consideration
Whether the petitioner/accused No.1 is entitled to be enlarged on regular bail in Crime No.78/2020 for offences under Sections 380, 457, 458, 382, 201 of IPC and Section 25(1-A) of Arms Act, 1959.
Final Decision
Petition allowed. Impugned orders set aside. Petitioner/accused No.1 enlarged on regular bail in Crime No.78/2020 (C.C.No.01/2021) subject to conditions: executing personal bond of Rs.1,00,000 with one surety, appearing before court regularly, not tampering with witnesses, and not committing similar offences.
Law Points
- Bail under Section 439 CrPC
- Prima facie case
- Custodial interrogation not required
- Conditions for bail
