Case Note & Summary
The petitioners filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court of Karnataka at Bengaluru, seeking anticipatory bail in Crime No.61/2020 registered at Bajpe Police Station, Mangaluru City. The offences alleged included theft under Section 379 of the Indian Penal Code, 1860 (IPC), negligent act likely to spread infection of disease dangerous to life under Section 269 IPC, and violations under Sections 4, 9, 11 of the Karnataka Prevention of Cow Slaughter and Cattle Protection Act, 1964, and Section 5(1)(2) of the Karnataka Epidemic Diseases Ordinance, 2020. During the hearing, the petitioners' counsel submitted that the petitioners would surrender before the jurisdictional court and requested liberty to move for regular bail under Section 439 Cr.P.C. before the Sessions Court. The court, presided over by Justice Sreenivas Harish Kumar, granted the liberty sought and dismissed the petition for anticipatory bail. The order was passed on July 10, 2020, via video conferencing.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 Cr.P.C. - Petitioners sought anticipatory bail in connection with offences under IPC and special statutes - Petitioners' counsel submitted that they would surrender before the jurisdictional court and sought liberty to move for regular bail under Section 439 Cr.P.C. - Court granted liberty and dismissed the petition (Para 3).
Issue of Consideration
Whether the petitioners should be granted anticipatory bail in Crime No.61/2020 for offences under Sections 379, 269 IPC, Sections 4, 9, 11 of Karnataka Prevention of Cow Slaughter and Cattle Protection Act, and Section 5(1)(2) of Karnataka Epidemic Diseases Ordinance.
Final Decision
The petition is dismissed. Liberty is granted to the petitioners to surrender before the jurisdictional court and move for bail before the Sessions Court under Section 439 Cr.P.C.
Law Points
- Anticipatory bail under Section 438 Cr.P.C.
- surrender before jurisdictional court
- liberty to move for bail under Section 439 Cr.P.C.
