Case Note & Summary
The petitioner, K Lenin @ Sri Nithya Dharmananda, filed a criminal petition under Section 439(2) of the Code of Criminal Procedure, 1973 (CrPC) seeking cancellation of bail granted to respondent No.1, Nithyananda Swamy @ A Rajashekaran, in Crime No.141/2010 registered at Bidadi Police Station, Ramanagara, for offences under Sections 295-A, 376, 377, 420, 506(1) and 120-B of the Indian Penal Code, 1860 (IPC). The bail was granted by the High Court of Karnataka in Criminal Petition No.2328/2010 and connected petitions on 11.06.2010, subject to conditions including execution of a personal bond of Rs.1,00,000/- with two sureties, not leaving the jurisdiction without court permission, marking attendance once in 15 days before the jurisdictional police, and not undertaking any preaching or classes except performing yoga until investigation was completed. The petitioner alleged that respondent No.1 had violated these conditions by continuing to preach and hold classes, and by failing to mark attendance regularly. The court examined the records and found no material evidence to substantiate the allegations of violation. The court observed that the conditions were imposed during the investigation stage, and after the investigation was completed and chargesheet filed, the condition regarding preaching was no longer operative. The court also noted that the trial was pending before the III Additional District and Sessions Judge, Ramanagara in S.C.No.86/2014, and there was no complaint from the trial court about any violation. The court held that cancellation of bail is a serious matter and requires proof of misuse of liberty or violation of conditions, which was absent in this case. Accordingly, the petition was dismissed.
Headnote
A) Criminal Procedure Code - Cancellation of Bail - Section 439(2) CrPC - Violation of Bail Conditions - The petitioner sought cancellation of bail granted to respondent No.1 on grounds of violation of conditions, but the court found no material to show that the accused had violated any condition or misused the liberty granted. Held that cancellation of bail is not warranted merely because the trial is pending or the offences are serious; there must be specific evidence of breach of conditions (Paras 1-5).
Issue of Consideration
Whether the bail granted to respondent No.1/accused No.1 in Crime No.141/2010 should be cancelled under Section 439(2) CrPC for alleged violation of bail conditions
Final Decision
The petition is dismissed. The bail granted to respondent No.1 is not cancelled.
Law Points
- Cancellation of bail under Section 439(2) CrPC requires proof of violation of bail conditions or misuse of liberty
- mere pendency of trial or gravity of offence not sufficient
