Case Note & Summary
The petitioner, Sanaulla @ Sana, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory bail in Crime No.40/2020 registered at Krishnaraja Police Station, Mysuru, for offences punishable under Sections 324, 307, 504, 506 read with Section 34 of the Indian Penal Code, 1860 (IPC). The complaint was lodged by Sri Sameer Pasha on 11.03.2020, alleging that on 10.03.2020 at 4.00 PM, the complainant and his brother Umer had parked their autorickshaw for hire at a prepaid auto stand when the petitioner and others attacked them with a knife, causing injuries. The petitioner had previously filed an application for anticipatory bail before the II Additional District and Sessions Judge, Mysuru, which was dismissed on 01.06.2020. The High Court heard the matter through video conference. The court examined the substance of the complaint and the order of the Sessions Court. The court noted that the injury sustained by the complainant was a cut injury on the left hand and was not dangerous to life. The court observed that no prima facie case under Section 307 IPC was made out as the injury was not life-threatening. The court also considered that the petitioner was an auto driver and there was no likelihood of his absconding or tampering with evidence. The court held that custodial interrogation was not required and granted anticipatory bail to the petitioner subject to certain conditions. The decision was in favor of the accused/petitioner.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Prima Facie Case - The court considered whether the petitioner should be granted anticipatory bail in a case involving attempt to murder. The court held that the injury caused was not dangerous to life and no prima facie case under Section 307 IPC was made out, thus bail was granted (Paras 8-10).
Issue of Consideration
Whether the petitioner is entitled to anticipatory bail under Section 438 of Cr.P.C. for offences under Sections 324, 307, 504, 506 read with 34 IPC.
Final Decision
The petition is allowed. The petitioner is granted anticipatory bail in Crime No.40/2020 of Krishnaraja Police Station, Mysuru, for offences under Sections 324, 307, 504, 506 read with 34 IPC, subject to conditions.
Law Points
- Anticipatory bail
- Section 438 CrPC
- Section 307 IPC
- prima facie case
- injury not dangerous to life
- custodial interrogation not required
