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High Court of Karnataka Grants Default Bail to Accused in NDPS Case Despite Cognizance. Right to Default Bail Under Section 167(2) Cr.P.C. is Indefeasible and Not Extinguished by Filing of Charge Sheet or Taking of Cognizance Under Section 36A NDPS Act.

The petitioner, Shivaraj Urs, accused No.2 in Special CC No.1197/2019 pending before the Special Judge for NDPS cases, Bengaluru, filed a criminal pet...

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Bombay High Court Allows Bail Appeal in 2012 Pune Bomb Blasts Case Due to Inordinate Delay in Trial. Right to Speedy Trial Under Article 21 of the Constitution Overrides Statutory Restrictions Under Section 43-D(5) of UAPA.

The appellant, Munib Iqbal Memon, was arrested on 26 December 2012 in connection with five bomb blasts that occurred in Pune on 1 August 2012. The bla...

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Karnataka High Court Examines Legality of Arrests by Enforcement Directorate in Money Laundering Case After Predicate Offence Closed. Petitioners Allege Violation of Section 19 of PMLA and Fundamental Rights, Challenging Custody Remand Orders.

The three writ petitions, heard together, challenged the legality of the arrest and subsequent custody remand orders of the petitioners, who were dire...

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High Court of Karnataka Dismisses Petition to Cancel Anticipatory Bail in SC/ST Act Case — Complainant Died, No Prima Facie Case for Cancellation. Court held that cancellation of bail requires supervening circumstances or misuse of liberty, not mere filing of charge sheet.

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...

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Karnataka High Court Dismisses Bail Petitions and Refers Questions on POCSO Act to Division Bench. Single Judge observes conflicting views on Section 35 compliance and refers issues regarding default bail and evidence recording under Section 164 Cr.P.C., doubting Vinay v. State of Karnataka.

The case involved two criminal petitions filed before the Karnataka High Court by the accused, Hanumantha Mogaveera, seeking bail under Section 439 of...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Detaining Authority Failed to Independently Consider Grounds, Leading to Mechanical Affirmation of Proposal.

The petitioner, brother-in-law of the detenu Janardan @ Janyadada Chintaman Bhoir, filed a habeas corpus petition challenging the detention order date...