Leave petition under Section 438 Cr.P.C. for anticipatory bail rejected. Petitioner, a rowdy pending in another heinous case (Section 307 IPC), was not considered a law-abiding citizen despite acquittals in other matters.
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CRL.P No. 368 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL PETITION NO.368 OF 2023
BETWEEN:
PRESENTLY R/AT NO.70
HUNUSVADI VILLAGE PURAVARA HOBLI, MADHUGIRI TALUK TUMKUR DISTRICT 572 175.
…PETITIONER
(BY SRI RAVIKUMAR G.H., ADVOCATE)
Digitally signed by V MANJUSHA BAI
Location: High Court of Karnataka
AND:
…RESPONDENT
(BY SRI S. VISHWAMURTHY, HCGP)
THIS CRL.P. IS FILED U/S.438 OF CR.P.C., PRAYING TO ALLOW THE PETITION AND PASS AN ORDER, DIRECTING THE I.O. IN CRIME NO.337/2022 OF KAGGALIPURA POLICE STATION, BANGALORE RURAL DISTRICT TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 364A, 397
CRL.P No. 368 of 2023
AND 506 OF IPC., 2ND ADDITIONAL CJM., BANGALORE RURAL DISTRICT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
“Wherefore the petitioner most respectfully prays that this Court may kindly be pleased to allow the petition and pass an order, directing the I.O. in Crime No.337/2022 of Kaggalipura Police Station, Bengaluru Rural District to release him on bail in the event of his arrest, registered for the offence punishable under Sections 341, 364A, 397, 506 of IPC by 2nd Additional CJM Court, Bengaluru Rural District, Bengaluru, in the interest of justice and equity..”
CRL.P No. 368 of 2023
Sri. Krishnamurthy S/o Puttaiah lodged a complaint in Kaggalipura Police Station, Ramanagara district on 05.09.2022, which was registered in Cr.No.337/2022 for the offence punishable under Sections 341, 364A, 397 and 506 of IPC.
CRL.P No. 368 of 2023
in Crl.Misc.No.2221/2022 by order dated 23.12.2022. Thereafter, the petitioner is before this Court.
the present case. In fact, apart from cases where accused is acquitted, there are other cases pending against the petitioner and in respect of the Cr.No.401/2016 in the Thalagattapura
CRL.P No. 368 of 2023
Police Station, wherein the offence punishable under Section 307 of IPC along with other heinous offences are also alleged against the petitioner and the same is pending. He is also a rowdy sheeter in the Thalagattapura Police Station. In the present case, Investigation Agency has filed charge sheet.
ORDER
Petition is rejected . However, this order shall
not come in the way of the petitioner to surrender
before the Court and apply for regular bail.
Sd/JUDGE
AG
List No.: 1 Sl No.: 39
2 issues framed by the court
Whether anticipatory bail should be granted to a petitioner described as a rowdy who is a pending accused in a heinous offence under Section 307 IPC.
Whether the fact of being a rowdy sheeter justifies rejecting the grant of anticipatory bail.
5 provisions across 2 enactments
VeerabhadrAiah H.N.
State of Karnataka
V. Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
