The High Court of Karnataka allowed a criminal petition for regular bail filed by Smt. Umadevi, finding that while she was present at the incident, no specific overt act was alleged against her except raising her voice.
Petition allowed. Petitioner to be released on bail in Cr. No. 76/2022 subject to personal bond and conditions.
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 6TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.5808/2022
BETWEEN:
SMT. UMADEVI AGED ABOUT 53 YEARS W/O. PRABHAKAR NO. 728, 1ST CROSS RAJASHEKARA NILAYA VINAYA NAGAR, HEBBALA BENGALURU – 560 024 … PETITIONER
(BY SRI M.T. NANAIAH, SR. COUNSEL A/W. SRI BALASUBRAMANYA B.N., ADVOCATE)
AND:
THE STATE OF KARNATAKA BY HIGH GROUND POLICE BENGALURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001. … RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.76/2022 OF HIGH GROUNDS P.S., BENGALURU CITY FOR THE OFFENCE P/U/S. 307, 341, 307, 324, 323, 354, 355, 427,
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506, 504 R/W. 34 OF IPC AND SEC. 25 OF ARMS ACT ON THE FILE OF THE HONBLE VIII A.C.M.M, BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused in Crime No.76/2022 of High Grounds Police Station, Bengaluru City, for the offence punishable under Sections 323, 324, 307, 341, 354, 355, 427, 504 and 506 read with Section 34 of IPC and Section 25 of the Arms Act.
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354, 355, 427, 504 and 506 read with Section 34 of IPC and Section 25 of the Arms Act and subsequently, invoked Section 307 of IPC.
abused in filthy language and snatched the TV Logo wire and when the National Farmer’s Leader tried to escape from the spot, assaulted with wire mike and disfigured the face using black paint. But, no specific overt act allegation is made against this petitioner, except the allegation that a women raised voice and demanded to speak in Kannada. The counsel would vehemently contend that the offence would not attract Section 307 of IPC
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and when no specific overt act allegation is made against this petitioner, he may be enlarged on bail and this petitioner is in custody from 05.06.2022 and there is no need of further custodial trial.
perusal of the material available on record, particularly, the Court has to take note of the contents of the complaint, wherein an allegation is made that a women suddenly stood and demanded to speak in Kannada and no other overt act allegation is made and overt act allegation is against one Prathap Naik and
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Shivakumar, who went near the Dias suddenly and abused in filthy language and using TV Logo wire mike, assaulted the National Farmer’s Leader. When such being the factual aspects of the case, when there is no specific overt act allegation against this petitioner, except raising the voice to speak in Kannada and this petitioner is a lady and she is in custody from 05.06.2022, it is a fit case to exercise the powers under Section 439 of Cr.P.C., subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-
ORDER
The Petition is allowed. Consequently, the
petitioner/accused shall be released on bail in Crime No.76/2022 of High Grounds Police Station, Bengaluru City, for the offence punishable under Sections 323, 324, 307, 341, 354, 355, 427, 504 and 506 read with Section 34 of IPC and Section 25 of the Arms Act, subject to the following conditions:
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Sd/JUDGE
ST
2 issues framed by the court
Whether the petitioner is entitled to regular bail under Section 439 Cr.P.C. despite the charges attracting imprisonment.
Whether lack of specific overt act allegations against the petitioner warrants release on bail subject to conditions.
3 provisions across 3 enactments
Smt. Umadevi
The State of Karnataka
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
