Search Results for "section 438 crpc"

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Search Results for "section 438 crpc"

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High Court

High Court of Karnataka Allows Default Bail in POCSO Case Due to Non-Completion of Investigation Within 60 Days. Petitioner Enlarged on Bail Under Section 167(2) Cr.P.C. as Charge Sheet Not Filed Within Statutory Period.

4 Mar 2025

The petitioner, Moulali, was arrested on 03.12.2024 in connection with offences punishable under Sections 376(2)(n), 506 of IPC and Sections 4, 6, 8, ...

High Court

High Court of Karnataka Allows Default Bail in POCSO Case Due to Non-Completion of Investigation Within 60 Days. Petitioner Entitled to Default Bail Under Section 167(2) CrPC as Charge Sheet Filed After Expiry of 60 Days from First Remand.

4 Mar 2025

The petitioner, Moulali, was arrested on 01.12.2024 in connection with offences punishable under Sections 376(2)(n), 506 of IPC and Sections 4, 6, 8, ...

High Court

Bombay High Court Dismisses Anticipatory Bail Application in GST Impersonation Case — Custodial Interrogation Held Necessary for Serious Economic Offence. The court held that the nature and gravity of the offence, the modus operandi, and the need for custodial interrogation outweigh the applicant's right to anticipatory bail, and the police must comply with Sections 41 and 41A CrPC but arrest is essential in such cases.

25 Sep 2024

The applicant, Anand Sukhlal Pardeshi, filed an anticipatory bail application under Section 438 CrPC in Crime No. 02 of 2024 registered at Azadnagar P...

High Court

High Court of Karnataka Grants Anticipatory Bail to Married Woman in Kidnapping Case — Petitioner Not Named in FIR and No Prima Facie Case of Kidnapping for Ransom Established Under Section 364A IPC. The court exercised discretion under Section 438 CrPC to grant pre-arrest bail subject to conditions, emphasizing that the petitioner was not named in the FIR and the allegations did not prima facie constitute the offence of kidnapping for ransom.

18 Jun 2024

The petitioner, Smt. Bhavani Revanna, a married woman hailing from a family with undeniable political background, filed a petition under Section 438 o...

Supreme Court

Supreme Court Dismisses Petition Challenging Bail Cancellation in NDPS Act Case Due to Narco-Terrorism Links. Transfer of Investigation to NIA and Framing of Charges Under UAPA Justify Custodial Interrogation for Thorough Investigation.

1 Jan 2024

The Supreme Court dismissed the Special Leave Petition and Writ Petition filed by Ankush Vipan Kapoor, challenging the cancellation of his bail by the...

Supreme Court

Supreme Court Sets Aside Anticipatory Bail in Corruption Case Involving IRS Officer. High Court's Order Quashed for Failing to Consider Gravity of Offence Under Section 7 of Prevention of Corruption Act, 1988.

17 Apr 2023

The case arises from two criminal appeals filed by the Central Bureau of Investigation (CBI) and the complainant, Rupesh Balwantbhai Brambhatt, agains...

High Court

Bombay High Court Allows Anticipatory Bail in SC/ST Act Case Due to Lack of Prima Facie Caste-Based Intent. Property Dispute Leading to Assault and Abuse Does Not Attract Atrocities Act Without Specific Intent to Insult on Caste Grounds.

11 Aug 2022

The appellants, Vinod Thakare, Varsha Thakare, and Aakash Thakare, filed an appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Pr...

High Court

Karnataka High Court Grants Anticipatory Bail to Teacher in POCSO Case — Allegations of Sexual Assault and Harassment Found Vague and Lacking Prima Facie Evidence. Court Held That Custodial Interrogation Was Not Required and Petitioner Was Entitled to Bail Under Section 438 CrPC for Offences Under Sections 8 and 12 of POCSO Act, 2012.

10 Jul 2020

The petitioner, Sri Sugandaraju N.R., filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipato...

High Court

High Court of Karnataka Grants Anticipatory Bail to Accused in Rioting and Arson Case — No Prima Facie Case of Section 436 IPC Made Out. Court Held That Mere Presence at Scene Without Active Participation Does Not Attract Vicarious Liability Under Section 149 IPC for Offences Requiring Specific Intent.

2 Jul 2020

The petitioners filed three criminal petitions under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory bail in connectio...

High Court

High Court of Bombay at Goa Upholds Cancellation of Anticipatory Bail in Forgery Case — MLA and BJP Secretary Accused of Fabricating Disqualification Petition. Court holds that anticipatory bail granted without notice to prosecution or consideration of relevant material is liable to be cancelled under Section 439(2) CrPC.

13 Jan 2006

The applicants, Satish Dhond and Sadanand Shet Tanavade, were accused in Crime No.15/2005 registered under Sections 465, 468, 471 read with 34 IPC at ...

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