Case Note & Summary
The petitioner, Srinivasan K, was the complainant (CW-2) in Crime No.169/2015 registered by Indiranagar Police Station on 16.5.2015 for offences under Section 506 of the Indian Penal Code, 1860 and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The complaint alleged that on 4.5.2015 at 2.30 p.m., the complainant went to Adigas Hotel, Indiranagar, Bangalore, where the accused persons insulted him by taking his caste name. Subsequently, the complainant died. CWs 3 and 4 were eye witnesses to the incident. The respondents (accused 2 to 4) had been granted anticipatory bail by the II Addl. City Civil and Sessions Judge, Bangalore, vide orders dated 02.07.2015 in Crl.Misc.No.3618/2015 and 20.07.2015 in Crl.Misc.No.4289/2015. The petitioner filed this petition under Section 439(2) CrPC to cancel the anticipatory bail on the ground that the complainant had died and charge sheet had been filed. The court considered the submissions and held that cancellation of bail requires supervening circumstances or misuse of liberty, and mere filing of charge sheet or death of complainant does not warrant cancellation. The petition was dismissed.
Headnote
A) Criminal Procedure Code - Cancellation of Bail - Section 439(2) CrPC - Cancellation of anticipatory bail requires supervening circumstances or misuse of liberty; mere filing of charge sheet or death of complainant is not sufficient - The petitioner sought cancellation of anticipatory bail granted to respondents 2 to 4 in a case under Section 506 IPC and Section 3(1)(x) of SC/ST Act. The court held that no grounds for cancellation were made out as the respondents had not misused bail and no supervening circumstances existed. (Paras 1-4) B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Offence under Section 3(1)(x) - Alleged insult in private hotel - The complaint alleged that the accused insulted the complainant by taking his caste name in a hotel. The court noted that the complainant died and the petition for cancellation of bail was dismissed. (Paras 1-2)
Issue of Consideration
Whether the anticipatory bail granted to respondents 2 to 4 should be cancelled under Section 439(2) CrPC on the ground that the complainant died and charge sheet has been filed.
Final Decision
The petition is dismissed. The court held that no grounds for cancellation of anticipatory bail were made out.
Law Points
- Cancellation of bail requires supervening circumstances or misuse of liberty
- mere filing of charge sheet is not sufficient
- Section 439(2) CrPC
- Section 3(1)(x) SC/ST Act
- Section 506 IPC
