Case Note & Summary
The petitioner, Sri Raveesh B.M., accused No.12 in Crime No.8/2020 of Jayapura Police Station, Chikkamagaluru, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking bail for offences punishable under Sections 395 (dacoity) and 506 (criminal intimidation) of the Indian Penal Code, 1860 (IPC). The complaint was lodged by one G.C. Vijaya Raghav on 07.03.2020, alleging that on 06.03.2020 at about 10:30 PM, while the complainant and his wife were asleep, they heard barking of dogs and screaming of a person. The petitioner was arrested and remanded to judicial custody from 01.05.2020. Previously, the petitioner had filed a bail application before the learned I Additional District Sessions Judge, Chikkamagaluru, in C.Crl.Misc.No.96/2020, which was dismissed on 05.06.2020. Hence, the present petition was filed. The court heard the learned counsel for the petitioner, Sri Vijaya Kumar K., and the learned High Court Government Pleader (HCGP) for the respondent, Sri V.S. Vinayaka. The court noted that the investigation was completed and the charge sheet had been filed. The petitioner had no criminal antecedents. Several co-accused had already been granted bail by the Sessions Court. The court found that continued detention of the petitioner was not necessary for investigation purposes. Accordingly, the court allowed the petition and granted bail to the petitioner subject to conditions, including executing a personal bond of Rs. 1,00,000 with one surety, appearing before the court regularly, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Dacoity and Criminal Intimidation - Petitioner-accused No.12 sought bail in Crime No.8/2020 for offences under Sections 395 and 506 IPC - Court granted bail considering petitioner's judicial custody from 01.05.2020, completion of investigation, no criminal antecedents, and parity with co-accused who were granted bail - Held that continued detention is not necessary as investigation is complete and petitioner has no criminal background (Paras 1-12).
Issue of Consideration
Whether the petitioner-accused No.12 is entitled to bail under Section 439 of Cr.P.C. for offences punishable under Sections 395 and 506 of IPC.
Final Decision
The petition is allowed. The petitioner-accused No.12 shall be enlarged on bail in Crime No.8/2020 of Jayapura Police Station, Chikkamagaluru, for offences punishable under Sections 395 and 506 of IPC, subject to executing a personal bond of Rs.1,00,000 with one surety for the likesum to the satisfaction of the concerned court. The petitioner shall appear before the court regularly, not tamper with evidence, and not leave the jurisdiction without prior permission.
Law Points
- Bail under Section 439 CrPC
- Dacoity under Section 395 IPC
- Criminal Intimidation under Section 506 IPC
- Parity with co-accused
- No criminal antecedents
- Completion of investigation
