Criminal Court dismissed a petition for anticipatory bail under Section 438 Cr.P.C., holding the petitioner ineligible due to a final order rejecting a prior similar petition and his failure to cooperate with the investigation.
Anticipatory bail petition dismissed.
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 1ST DAY OF APRIL, 2022
BEFORE
THE HON’BLE MRS.JUSTICE M.G. UMA
CRIMINAL PETITION NO. 140/2022
BETWEEN :
N.JEEVAN S/O NAGARAJ AGED ABOUT 22 YEARS R/AT NO.07, 18TH CROSS KPTCL QUARTERS IDEAL HOMES RAJARAJESHWARINAGAR BANGALORE-560 091.
… PETITIONER
(BY SRI: RAJASHEKARA R.V., ADVOCATE)
AND : STATE OF KARNATAKA BY ITS STATION HOUSE OFFICER ANNAPOORNESHWARINAGAR POLICE BENGALURU-560 091. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU CITY BENGALURU-560 001.
… RESPONDENT
(BY SRI: MAHESH SHETTY, 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 IN CR.NO.165/2021 REGISTERED BY ANNAPOORNESHWARI NAGAR POLICE STATION, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 354, 323, 327, 504, 506 READ WITH 149 OF IPC PENDING ON THE FILE OF V ADDL. C.M.M., BENGALURU.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
O R D E R
The petitioner-accused No.2 is before this Court seeking grant of anticipatory bail in Crime No.165 of 2021 of Annapoorneshwari Police Station, registered for the offences punishable under Sections 354, 323, 327, 504, 506 read with Section 149 of Indian Penal Code (for short 'IPC'), on the basis of first information lodged by the informant - Smt. Usha.
the petitioner and Sri Mahesh Shetty, learned High Court Government Pleader for the respondent-State. Perused the materials placed on record.
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interrogation. Accused No.1 against whom serious allegations are made are already enlarged on bail. Therefore, the present petitioner is also entitled to be granted bail on the ground of parity. The petitioner is the permanent resident of the address mentioned in the cause title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays for allowing the petition.
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“Whether the petitioner is entitled for grant of anticipatory bail under Section 438 of Cr.P.C.?”
My answer to the above point is in ‘Negative’ for the following:
R E A S O N S
Accordingly, I answer the above point in Negative and the petition is dismissed.
Sd/JUDGE
*bgn/-
1 issue framed by the court
Whether the petitioner is entitled for grant of anticipatory bail under Section 438 of Cr.P.C.?
2 provisions across 2 enactments
N.JEEVAN
STATE OF KARNATAKA
M.G. UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
