Criminal petition under Section 439 Cr.P.C. filed for bail in kidnapping case. Court held investigation complete and no compelling circumstances for detention.
Petitioner enlarged on bail subject to execution of personal bond with surety, appearance at hearings, and non-tampering with witnesses.
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.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 12TH DAY OF JULY, 2013
BEFORE
THE HON’BLE MR. JUSTICE H.N. NAGAMOHAN DAS
CRIMINAL PETITION No. 3434/2013
BETWEEN :
Sri. SRINIVAS P @ SEENA S/O. PUTTASWAMY AGED ABOUT 22 YEARS R/A. 6TH CROSS KODIPALYA, KENGERI BANGALORE – 560 060. … PETITIONER
(By Sri. ABDUL NAZEER MATTARA, ADV.)
AND : -------
STATE OF KARNATAKA BY J.J. NAGAR POLICE STATION BANGALORE – 560 023 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE. … RESPONDENT
(By Sri. G M SREENIVASA REDDY, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 Cr.P.C. WITH A PRYER TO ENLARGE THE PETITIONER ON BAIL IN CRIME No. 267/2012 OF JAGAJEEVANRAM NAGAR P.S. AND ETC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING;
O R D E R
Petitioner is the accused in crime No. 267/2012 for the
offences punishable under Section 363 IPC. Investigation is completed and charge sheet is filed. In the charge sheet it is alleged that the petitioner promising the victim girl that he will marry her had sexual intercourse and later the petitioner backed out from his promise. In the circumstances the case is registered against the petitioner. Now that investigation is completed and charge sheet is filed there are no compelling circumstances warranting continuance
of petitioner in custody. Accordingly, the following;
O R D E R
i) Petition is hereby allowed and the petitioner is enlarged on
bail subject to the following conditions:
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a) Petitioner shall execute a personal bond for a sum of Rs.25,000/- with one local solvent surety for the like sum to the satisfaction of the Trial Court. b) Petitioner shall attend the Court on all hearing dates. c) Petitioner shall not tamper with the prosecution witnesses. d) Violation of anyone of the above conditions will result in cancellation of the bail.
Sd/JUDGE.
LRS.
2 issues framed by the court
Whether the petitioner should be enlarged on bail in the crime of kidnapping for betrothal.
Whether there exist compelling circumstances warranting continuance of the petitioner in custody.
2 provisions across 2 enactments
Sri. SRINIVAS P @ SEENA S/O. PUTTASWAMY
STATE OF KARNATAKA
H.N. Nagamohan Das
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
