This order grants anticipatory bail under Section 438 Cr.P.C. to Petitioners 1 and 3 due to simple nature of injuries and no criminal antecedents, while dismissing the application for Petitioner 2 as it was not pressed.
Directed release on bail via Arresting Officer on terms to be deemed just and proper.
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ABLAPL No. 2530 of 2017
03. 08.05.2017 Heard.
This is an application U/S 438 Cr.P.C.
Learned counsel for the petitioners does not want to press the application for
anticipatory bail, so far as petitioner No.2-Pathana Gouda concerned.
Accordingly, ABLAPL is dismissed as not pressed in respect of petition
er No.2-Pathana Gouda.
So far as petitioner Nos.1-Kanhu Gouda and 3-Panda Nayak are concerned, it is
submitted by learned counsel for the petitioners that the injuries sustained by the victim are
simple in nature and there is no record of past criminal antecedent against aforesaid petitio
ners.
Taking into consideration the submissions advanced by the learned coun
sel for the parties, factum of permanent residence of the petitioners, the fact that the injur
ies sustained by the victim are opined to be simple in nature and the fact that there is no re
cord of past criminal antecedent against the petitioners, as submitted by learned counsel for
the petitioners, it is directed that each of the petitioners shall be released on bail by the
Arresting Officer in the event of their arrest, on such terms and conditions as deemed just a
nd proper, in connection with Purusottampur P.S. Case No. 7 of 2017 corresponding to G.R. Cas
e No. 7 of 2017 pending in the Court of learned J.M.F.C., Purusottampur.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted as per rules.
Dhal .
C.R. Dash, J.
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners Kanhu Gouda and Panda Nayak given the nature of injuries and lack of antecedents.
Whether the application for anticipatory bail should be dismissed regarding petitioner Pathana Gouda who did not press the bail prayer.
1 provisions across 1 enactments
Kanhu Gouda
Pathana Gouda
Panda Nayak
C.R. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court