The High Court of Karnataka rejected a criminal petition filed under Section 438 Cr.P.C. for anticipatory bail. The court held that the petitioner was absconding from the investigation agency since the rejection of his earlier application, thus failing to qualify as a law-abiding citizen.
Petition for anticipatory bail under Section 438 Cr.P.C. rejected.
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 BENGALURU
DATED THIS THE 19TH DAY OF MAY, 2021
BEFORE
THE HON’BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL PETITION NO.272/2021
BETWEEN
DILSAD SAYED S/O. IRSHAD SAYED, AGED ABOUT 19 YEARS, RESIDING AT THANDAVAPURA VILLAGE, CHIKKAIAHNACHATRA HOBLI, NANJANGUD TALUK, MYSURU DISTRICT-570 141
… PETITIONER
(BY SRI KUMARA K.G., ADVOCATE)
AND
STATE OF KARNATAKA, NANJANGUD RURAL POLICE STATION, NANJANGUD-570 141
… RESPONDENT (BY SRI R.D. RENUKARADHYA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST
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IN CRIME NO.167/2020 OF NANJANAGUDU RURAL P.S., MYSURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 323 AND 149 OF IPC.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS THIS DAY THROUGH VIDEO CONFERENCING, THE COURT MADE THE FOLLOWING:-
O R D E R
Heard Sri Kumar K.G., learned counsel for the petitioner and the High Court Government Pleader for respondent-State.
Nanjangudu Rural Police, Mysuru District, is before this Court under Section 438 of Cr.P.C., seeking grant of anticipatory bail.
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At about 8.45 p.m., complainant received a call from his niece – Jayashree and accused took mobile hand set in the guise of handing it over to the mother of the complainant and complainant resisted for the same. At that juncture accused gagged his mouth and took out a knife and assaulted him on his neck 3 to 4 times. When he tried to rescue himself he also sustained injuries on left hand and right hand little finger. When he cried for help, accused gave him life threat and ran away from the spot. Police after registering the case are investigating the matter. Accused did approach the District Court, Mysuru in C.Mis.No.1673/2021 seeking grant of anticipatory bail. The same came to be rejected by order dated 05.12.2020 by the learned Sessions Judge.
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case have been registered in respect of the same incident and accused/petitioner is also severely injured in the very same incident, therefore the same may be considered for exercising special power vested in this Court under Section 438 of Cr.P.C., He further argued that the complainant has assaulted the accused and a false case came to be lodged against accused herein and thus sought for anticipatory bail.
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bad as is contended by the learned counsel for the petitioner, the same should have been brought to the notice of the Investigation Officer by producing Medical Records.
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hand the material on record reflects petitioner/accused
is not fair and he is not a law abiding citizen.
ORDER
Petition is rejected.
Sd/-
2 issues framed by the court
Whether the petitioner has made out grounds to exercise the special power under Section 438 of Cr.P.C. for grant of anticipatory bail.
Whether the petitioner being an absconder constitutes a ground to reject the petition for anticipatory bail.
1 provisions across 1 enactments
DILSAD SAYED S/O. IRSHAD SAYED
STATE OF KARNATAKA
V. SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
