Case Note & Summary
The petitioner, Raghu K.K., filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory bail in Crime No.42/2020 registered at Thirumalashethalli Police Station, Bengaluru Rural District, for offences punishable under Sections 342 (wrongful confinement), 384 (extortion), 302 (murder), 504 (intentional insult with intent to provoke breach of peace), 506 (criminal intimidation) read with Section 34 (common intention) of the Indian Penal Code, 1860 (IPC) and Section 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). The complaint was lodged by Smt. Dhanalakshmi, wife of late Munikullappa, on 10.04.2020. The petitioner was not named in the FIR. The court observed that the petitioner was not named in the FIR and no prima facie case was made out against him. The court granted anticipatory bail subject to conditions including that the petitioner shall appear before the Investigating Officer within 15 days, shall not tamper with evidence or threaten witnesses, and shall not leave the jurisdiction without prior permission. The petition was allowed.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 Cr.P.C. - Prima Facie Case - Petitioner sought anticipatory bail in Crime No.42/2020 for offences under Sections 342, 384, 302, 504, 506 read with Section 34 IPC and Section 3(2)(v)(a) of SC and ST (POA) Act - The petitioner was not named in the FIR and no prima facie case was made out against him - Court granted anticipatory bail with conditions - Held that when the petitioner is not named in the FIR and no prima facie case is established, anticipatory bail can be granted (Paras 5-7).
Issue of Consideration
Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. for offences including murder and SC/ST Act when he is not named in the FIR and no prima facie case is made out against him.
Final Decision
The petition is allowed. The petitioner is granted anticipatory bail in Crime No.42/2020 subject to conditions: (i) Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the order; (ii) Petitioner shall not tamper with evidence or threaten witnesses; (iii) Petitioner shall not leave the jurisdiction of the court without prior permission.
Law Points
- Anticipatory bail
- Prima facie case
- FIR not naming accused
- Section 438 Cr.P.C.
- Section 3(2)(v)(a) SC/ST Act
