High Court of Karnataka rejected a criminal petition filed for anticipatory bail under Section 438 Cr.P.C. The court held that the petitioner is not a law-abiding citizen due to involvement in other pending cases and refused to grant bail.
The criminal petition praying for anticipatory bail under Section 438 Cr.P.C. was 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.
CRL.P No. 681 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 681 OF 2023
BETWEEN:
SRI HARISHA S/O MANJU NAYAKA AGED ABOUT 29 YEARS RESIDING AT TIPTUR ROAD HULIYAR TOWN, C N HALLI TALUK TUMAKURU DISTRICT - 572218
…PETITIONER
(BY SRI BHOJARAJA, ADVOCATE)
AND:
THE STATE BY HULIYAR POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560001
…RESPONDENT
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
(BY SRI VINAYAKA V.S, ADVOCATE)
THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.73/2022 REGISTERED BY HULIYAR POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S 392 OF IPC PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND J.M.F.C., CHIKKANAYAKANAHALLI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
CRL.P No. 681 of 2023
ORDER
Government Pleader.
“WHEREFORE, the Petitioner prays that this Hon'ble Court may be pleased to enlarge the Petitioner/Accused No.1 by granting an Anticipatory bail, as the Petitioner/Accused-1 is apprehend arrest by the Jurisdictional Huliyar Police Station, C N Halli Taluk, Tumakuru District, in Crime No.73/2022 for the alleged offence punishable under Section 392 of IPC, pending on the file of the Hon'ble Addl.Civil Judge and JMFC Court, Chikkanayakanahalli by allowing this petition, in the interest of justice.”
3. Brief facts of the case are as under:
Lakshmidevamma W/o Sanna Siddappa lodged a complaint with Huliyar police, Tumakuru District on 20.04.2022, which was registered in Cr.No.73/2022 against unknown person.
CRL.P No. 681 of 2023
Complainant is the resident of Yelanadu village, Huliyar Hobli, Chikkanayakanahalli Taluk and on 19.04.2022 at about 5.00 p.m., when she was walking in front of the house, two persons came on a motorcycle and they enquired about something and one of them snatched the gold chain and both of them ran away on the motorcycle. Police after registering the case, thoroughly investigated the matter in respect of Cr.No.56/2022. Petitioner who was apprehended and was taken under body warrant in this case and enquired. During such enquiry, based on the voluntary statement, the Investigating Agency is able to recover part of the gold chain which was snatched away from the neck of the complainant and thereafter, the petitioner was enlarged on bail in Cr.No.56/2022.
CRL.P No. 681 of 2023
CRL.P No. 681 of 2023
law abiding citizen and therefore, he is not entitled for grant of anticipatory bail. It is always open for the petitioner to surrender before the Trial Court and apply for regular bail.
necessary in respect of other two pending cases also. Accordingly, this Court is of the considered opinion that grounds urged in the petition are not sufficient to entertain his request to grant of anticipatory bail by resorting the special powers vested in this Court under Section 438 of Cr.P.C.
Accordingly, following order is passed:
ORDER
The criminal petition is rejected .
Sd/-
JUDGE
MR
List No.: 1 Sl No.: 47
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in the present criminal case.
Whether the petitioner's record as a non-law-abiding citizen and involvement in other pending cases precludes the grant of anticipatory bail.
How the court should exercise powers under Section 438 Cr.P.C. regarding anticipatory bail petitions.
1 provisions across 1 enactments
SRI HARISHA S/O MANJU NAYAKA
THE STATE
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
