Case Note & Summary
The petitioner, Bhaskar, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory bail in Crime No.125/2019 registered by Rajajinagar Police Station, Bengaluru, for offences punishable under Sections 143, 144, 146, 148, 504, 323, 307 read with 149 of the Indian Penal Code, 1860 (IPC). The case was pending before the LXIV Additional City Civil and Sessions Judge, Bengaluru City. Previously, the petitioner had filed an application under Section 438 Cr.P.C. before the Sessions Court in Crl.Misc.11331/2019, which was dismissed on 23-12-2019. The petitioner then approached the High Court. The court, after hearing the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State, considered the facts and circumstances. The court observed that custodial interrogation may not be necessary and that the petitioner is entitled to anticipatory bail. The court granted anticipatory bail subject to conditions including executing a personal bond of Rs.1,00,000 with one surety, appearing before the Investigating Officer as required, not tampering with evidence, and not leaving 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 a case involving offences under Sections 143, 144, 146, 148, 504, 323, 307 read with 149 IPC - Court held that custodial interrogation may not be necessary and granted bail with conditions - Held that the petitioner is entitled to anticipatory bail subject to conditions (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to anticipatory bail under Section 438 of Cr.P.C. in Crime No.125/2019 for offences under Sections 143, 144, 146, 148, 504, 323, 307 read with 149 of IPC.
Final Decision
The petition is allowed. The petitioner is granted anticipatory bail subject to conditions: executing a personal bond of Rs.1,00,000 with one surety, appearing before the Investigating Officer as required, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Law Points
- Anticipatory bail
- Section 438 Cr.P.C.
- Prima facie case
- Custodial interrogation
- Conditions for bail
