Case Note & Summary
The petitioner, Pawan Kumar, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No.14/2020 registered by Yelahanka Police Station, Bengaluru, for offences punishable under Sections 342, 370, 376 read with Section 34 of the Indian Penal Code, 1860, and Sections 3, 4, 5, and 6 of the Immoral Traffic Prevention Act, 1956. The petitioner had been in judicial custody since 14.02.2020. The court, after hearing the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent, considered the facts and circumstances. The court noted that the petitioner had been in custody for a considerable period and that the allegations required trial. The court found that there was no prima facie evidence to justify continued detention and that the petitioner was entitled to bail. The court granted bail subject to conditions including furnishing a bond of Rs.1,00,000 with two sureties, not tampering with evidence, not threatening witnesses, appearing before the court regularly, and not committing similar offences. The court also directed that the petitioner shall not leave the jurisdiction of the trial court without permission.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Grant of Bail - Petitioner in judicial custody from 14.02.2020 for offences under Sections 342, 370, 376 IPC and Immoral Traffic Prevention Act - Court considered lack of prima facie evidence and period of custody - Held that bail can be granted subject to conditions (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to bail under Section 439 of Cr.P.C. for offences under Sections 342, 370, 376 read with 34 IPC and Sections 3,4,5,6 of Immoral Traffic Prevention Act, 1956.
Final Decision
Petition allowed. Petitioner granted bail subject to conditions: furnishing bond of Rs.1,00,000 with two sureties, not tampering with evidence, not threatening witnesses, appearing before court regularly, not committing similar offences, and not leaving jurisdiction without permission.
Law Points
- Bail under Section 439 CrPC
- Prima facie case
- Gravity of offence
- Period of custody
- Section 376 IPC
- Immoral Traffic Prevention Act
