Case Note & Summary
The petitioner, Khajim @ Khajimulla Khan, accused No.3 in Crime No.178/2015 registered at Udayagiri Police Station for offences punishable under Sections 302, 392, 201 read with Section 34 of the Indian Penal Code, 1860 (IPC), had been granted anticipatory bail by the III Additional District and Sessions Judge, Mysuru, vide order dated 15.11.2017 in Crl.Misc.No.2300/2017. One of the conditions imposed was that the petitioner shall not indulge in similar or any offence. Subsequently, the petitioner was involved in Crime No.131/2019 registered at the same police station for offences under Sections 341, 323, 504, 506 read with Section 34 IPC. The State filed a petition for cancellation of bail before the III Additional District and Sessions Judge, Mysuru, which was allowed by order dated 27.09.2019 in Crl.Misc.No.779/2019, cancelling the anticipatory bail. Aggrieved, the petitioner filed the present criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (CrPC) before the High Court of Karnataka. The High Court heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. The court observed that the petitioner had clearly breached the condition of bail by getting involved in a subsequent offence. The court held that breach of a condition imposed while granting bail is a valid ground for cancellation of bail. The High Court found no illegality or irregularity in the impugned order and dismissed the revision petition, confirming the cancellation of anticipatory bail.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Cancellation of Bail - Breach of Condition - Section 439(2) CrPC - The petitioner-accused No.3 was granted anticipatory bail in Crime No.178/2015 for offences under Sections 302, 392, 201 r/w 34 IPC with a condition not to indulge in similar or any offence. Subsequently, the accused was involved in another crime (Crime No.131/2019) under Sections 341, 323, 504, 506 r/w 34 IPC, constituting a breach of the condition. The Sessions Court cancelled the bail, and the High Court upheld the cancellation, holding that breach of a bail condition is a valid ground for cancellation of bail. (Paras 1-5)
Issue of Consideration
Whether the anticipatory bail granted to the petitioner-accused No.3 should be cancelled for breach of condition by getting involved in a similar offence.
Final Decision
The High Court dismissed the criminal revision petition, confirming the order of the III Additional District and Sessions Judge, Mysuru, dated 27.09.2019 in Crl.Misc.No.779/2019, which cancelled the anticipatory bail granted to the petitioner.
Law Points
- Anticipatory bail cancellation
- breach of bail condition
- involvement in similar offence
- Section 439(2) CrPC
- Section 302 IPC
