Petition filed for anticipatory bail apprehending arrest in a crime registered for offences under various IPC sections including attempt to murder. Court found serious charges and lack of innocence grounds, dismissing the petition.
Petition for anticipatory bail dismissed; prayer for bail denied.
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CRL.P.No.200907/2014
01
IN THE HIGH COURT OF KARNATAKA GULBARGA BENCH
DATED THIS THE 21ST DAY OF OCTOBER, 2014
BEFORE:
THE HON’BLE MR. JUSTICE A.S.PACHHAPURE
CRIMINAL PETITION No.200907 OF 2014
BETWEEN:
NARGISH FATIMA W/O. LATE SHERKHAN AGE: 50 YEARS, OCC: HOUSEWIFE R/O. VIDYA NAGAR, GULBARGA
… PETITIONER
[BY SRI.JAYANANDAYYA, ADV.]
AND:
THE STATE THROUGH ASHOK NAGAR, P.S. DIST: GULBARGA
… RESPONDENT
[BY SRI. S.S.ASPALLI, HCGP]
THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ALLOW THE BAIL PETITION AND BE PLEASED TO DIRECT THE JURISDICTIONAL POLICE I.E., ASHOK NAGAR POLICE STATION, GULBARGA, IN CRIME NO.141/2014, IN EVENT OF HER ARREST, WHICH IS REGISTEREED FOR THE OFFENCES P/U/S.506, 307, 323, 324, 354 OF IPC.
CRL.P.No.200907/2014
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THIS CRL.P COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:
The petitioner apprehending her arrest in Crime No.141/2014 registered for the offences punishable
under Sections 307, 323, 328, 342, 354, 506 and 509 read with Section 34 of IPC, has approached this Court seeking anticipatory bail.
Sangeeta has taken loan from the petitioner and on the date of the incident she is said to have insisted the complainant to repay the said sum. The complainant is said to have repaid the amount due and despite the payment, the petitioner and others said to have held tuft of the victim, dragged and assaulted her. She was kept in a room and was wrongful confined and ultimately thinking that the complainant is dead they went away. On the next day morning the victim regained consciousness, informed her husband and was rescued. The complaint came to be filed for the aforesaid offences.
CRL.P.No.200907/2014
03
would reveal that there are severe charges against
CRL.P.No.200907/2014
04
the petitioner and it is for this reason, the learned Sessions Judge has rejected her request. The material placed does not reveal any such circumstances to exercise discretion vested with the
Court to grant anticipatory bail. The aforesaid provisions are mainly provided to protect the interest of the innocent who are falsely involved in the crime. No such grounds are made out by the petitioner to grant anticipatory bail.
context of the submission made by the counsel for petitioner, I am of the opinion that it is not a fit
case where the anticipatory bail could be granted.
Hence, the petition is dismissed.
JUDGE
Sd/-
Srt
2 issues framed by the court
Whether anticipatory bail can be granted to a petitioner apprehending arrest for offences including attempt to murder, assault, and criminal intimidation.
Whether the material on record discloses circumstances sufficient to exercise court's discretion to grant anticipatory bail under Section 438 Cr.P.C.
2 provisions across 2 enactments
Nargish Fatima
The State
A.S. Pachhapure
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
