Criminal petition for anticipatory bail under Section 438 CrPC. Court held that since co-accused were acquitted and no overt acts were alleged, anticipatory bail was superfluous. Petition disposed of in favour of quashing proceedings.
Petition for anticipatory bail disposed of on the ground that it was superfluous; parties directed to seek quashing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 10TH DAY OF JUNE 2013
BEFORE
THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY
Criminal Petition No.1090 of 2013
Between:
Divakara S/o. Malaiah Aged about 32 years R/at Manjalagodu Village Alur Taluk Hassan District-573213.
…Petitioner
(By Sri. B.Roopesha, dvocate) And:
The State By Town Police Shakaleshpura Hassan District-573134.
... Respondent
(By Sri. Satish R. Girji, Government Pleader)
This criminal petition is filed under Section 438 of Code of Criminal Procedure, 1973, praying to enlarge the petitioner on bail in the event of his arrest in Crime No. 115/2010 of Sakaleshpura Town, Police Station, Hassan, for the offences punishable under Sections 302, 201 read with 34 of Indian Penal Code, 1860.
This criminal petition coming on for orders this day, the court made the following:
O R D E R
The petitioner is before this court seeking anticipatory bail on the footing that he is accused No. 4 and that the charge sheet was split up against the present petitioner and the other accused. Accused Nos. 1 to 3 having stood trial, they have been acquitted. Therefore the petitioner would submit that the proceedings against the petitioner would not survive since there are no overt acts alleged against the petitioner and since he apprehends arrest, the petitioner is before this court seeking anticipatory bail.
Sd/JUDGE
Rd/-
1 issue framed by the court
Whether a petition for anticipatory bail is maintainable when cogent evidence suggests the proceedings should be quashed instead.
1 provisions across 1 enactments
Divakara S/o. Malaiah
The State
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
