Case Note & Summary
The petitioner, Yashwant.N, a 19-year-old student, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory bail in connection with Crime No.199/2020 registered at Madanayakanahally Police Station, Bengaluru Rural district. The FIR was lodged on 06.06.2020 by Yathish, a law student, alleging that the petitioner owed him Rs.900 and when he inquired about the repayment, the petitioner assaulted him with a cricket bat. The offences alleged were under Sections 324 (voluntarily causing hurt by dangerous weapons), 504 (intentional insult with intent to provoke breach of peace), 506 (criminal intimidation), and 307 (attempt to murder) of the Indian Penal Code, 1860 (IPC). The petitioner's counsel, Shri Vasanthappa, argued that both the petitioner and complainant were friends and that the complaint was false, arising from a misunderstanding. The discharge summary indicated no grievous injury. The State, represented by HCGP Shri R.D. Renukaradhya, opposed the bail. The court, after hearing both sides, noted that the dispute was trivial in nature, both parties were students, and custodial interrogation was not necessary. The court granted anticipatory bail subject to conditions including executing a personal bond of Rs.1,00,000 with one surety, appearing before the police as required, not tampering with evidence, and not leaving the jurisdiction without court permission.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Discretion of Court - Petitioner, a student, sought anticipatory bail in FIR for offences under Sections 324, 504, 506, 307 IPC arising from a dispute over Rs.900 loan - Court considered that both parties were friends and the dispute was trivial, and custodial interrogation was not necessary - Held that petitioner is entitled to anticipatory bail with conditions (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to anticipatory bail under Section 438 of CrPC for offences under Sections 324, 504, 506, 307 of IPC.
Final Decision
Petition allowed. Petitioner is granted anticipatory bail subject to conditions: executing a personal bond of Rs.1,00,000 with one surety, appearing before the police as required, not tampering with evidence, and not leaving the jurisdiction without court permission.
Law Points
- Anticipatory bail
- Section 438 CrPC
- Prima facie case
- Custodial interrogation
- Discretion of court
