Bharatiya Nyaya Sanhita, 2023—Sections 109, 126(2), 190, 191(2), 191(3), 352—Anticipatory Bail—FIR alleges brutal assault on informant’s brother by co-accused using sticks and weapons, causing severe injuries including head stitches, fractures, and eardrum damage—Applicant not named in FIR—Alleged false implication during investigation—Co-accused already granted interim bail—Considering facts, interim anticipatory bail granted subject to conditions—State granted time to file objections—Matter listed for final hearing. [Paras 2 to 7] ...
Indian Penal Code, 1860—Section 306—Anticipatory Bail—Allegation that deceased committed suicide due to beating and financial pressure by applicants—FIR alleges assault on 04.12.2022 and suicide on 05.12.2022—Applicants allegedly demanded Rs. 2 lakhs while deceased claimed liability was only Rs. 50,000—No specific allegation of direct incitement, provocation or abetment to commit suicide—Applicants were not arrested during investigation—Interim protection earlier granted in writ proceedings—Charge-sheet filed—No likelihood of tampering with evidence—Applicants permanent residents—Anticipatory bail granted subject to conditions. [Paras 2 to 9] ...
Indian Penal Code, 1860—Section 420—Anticipatory Bail—Allegations of cheating based on forged sale-deed documents—Applicant only a witness to the registered sale deed—FIR admits possession was handed over to informant—Dispute, if any, appears to be civil in nature—No allegation of tampering with evidence—Applicant is a permanent resident, not a convict, and no apprehension of absconding—Charge-sheet already filed—Anticipatory bail granted subject to conditions. [Paras 2 to 8] ...
Bharatiya Nyaya Sanhita, 2023 Sections 115(2), 190, 191(2), 351(2), 352—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Sections 3(1)(r) and 3(1)(s)—Anticipatory Bail—FIR alleges assault with knives and use of caste-indicating words—No specific mention of victim’s Scheduled Caste or Tribe status in FIR—Provisions of Act, 1989 not attracted—Applicants granted interim anticipatory bail subject to conditions—Time granted for filing objections. [Paras 3 to 9] ...
A. Criminal Procedure Code, 1973—Sections 438, 100(4), 100(5), 165—Anticipatory bail—Scope and discretion—Held, while considering anticipatory bail, courts must balance individual liberty with the needs of effective investigation—Delay in initiation of proceedings does not dilute the seriousness of allegations, especially where custodial interrogation is deemed necessary—Grant of anticipatory bail is discretionary and must be exercised judicially, not mechanically—No bail can be granted to a person not under arrest and for whom no warrant has been issued. (Paras 1, 4, 12, 14, 19 B. Criminal Procedure Code, 1973—Bail jurisprudence—Directions for expeditious disposal—Held, High Courts and subordinate courts must ensure that bail and anticipatory bail applications are dispos...
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 18—Bar on anticipatory bail—Section 18 prohibits grant of anticipatory bail under Section 438 CrPC in cases involving arrest for offences under the Act, subject to exception where no prima facie case under Section 3 is made out from FIR and related facts. (Paras 6, 6.1, 6.2, 10) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 3(1)(s)—Abuse by caste name—Offence requires intentional use of caste name to insult or humiliate a member of SC/ST in public view. (Para 5.9) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 3(1)(o)—Offence for punishing a member of SC/ST for voting or not voting for a candidate. (Para 5(1)(o)) Anti...
A. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 3(1)(o), 3(1)(r), 3(1)(s), 3(1)(w)(i), 18—Criminal Procedure Code, 1973, Section 438—Anticipatory Bail—Where allegations in the FIR prima facie disclose commission of offences under Section 3 of the SC/ST Act, the bar on anticipatory bail under Section 18 of the Act is absolute—High Courts cannot conduct a mini-trial or evaluate witness testimony at the bail stage; prima facie satisfaction of offence suffices to deny anticipatory bail—The legislative intent of Section 18A underscores strict protection to Scheduled Castes and Scheduled Tribes against threats and intimidation, ensuring social justice by prohibiting anticipatory bail in such cases. (Paras 5 to 9, 5.7 to 5.8) B. Scheduled Castes and Scheduled Tribes (P...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 18—Bar on Anticipatory Bail—Allegations Must Be Specific—Appeal Allowed—Under Section 18 of the SC/ST Act, 1989, anticipatory bail is barred if the FIR discloses the essential ingredients of an offence under the Act—However, the allegations must be specific and clearly articulate the offence to invoke this bar. (Para 7) Vague or nonspecific allegations, such as the mere use of “casteist remarks” without detailing the actual words used, coupled with no prima facie evidence of insult or intimidation with intent to humiliate, do not attract the bar under Section 18. (Paras 7, 8) Sections 3(1)(r) and 3(1)(s) of the Act criminalize intentional insult or intimidation with intent to humiliate a Scheduled Caste/...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Cancellation by High Court—Reversal by Supreme Court—Consideration of Circumstances and Material on Record. The Supreme Court set aside the High Court’s order cancelling anticipatory bail granted by the Sessions Court and restored the original order of anticipatory bail, relying on the peculiar facts and circumstances of the case and the material on record—The Court emphasized that the mere completion of investigation and filing of a charge-sheet does not automatically justify cancellation of anticipatory bail if the grounds for initial grant remain valid. (Paras 14, 16–19) The FIR in question included offences under Sections 323, 504, 506, 452, and 354 IPC—However, allegation under Section 376 IPC was made only subseq...
Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory Bail—Jurisdiction of High Court and Sessions Court—The Supreme Court held that both the High Court and the Sessions Court possess concurrent jurisdiction to hear applications for anticipatory bail under Section 482—There is no mandatory rule requiring the accused to first approach the Sessions Court before filing an application in the High Court—The High Court must apply its independent mind and determine, based on special circumstances of the case, whether to entertain the bail plea directly. (Paras 2–6) Jurisdiction reconsidered ...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory bail—FIR not yet registered—Complaint filed alleging fraud in property transaction—Civil suit for cancellation of sale deed already decided based on compromise—Allegations found to be an attempt to convert civil dispute into criminal case—Applicant apprehending arrest—As interim protection, applicant granted interim bail on personal bond and sureties—Conditions imposed. [Paras 1 to 8] B. Code of Civil Procedure, 1908—Order I Rule 10—Rejection of impleadment application—Civil dispute involving sale deed already resolved—Subsequent criminal complaint filed by non-party to compromise—Court notes misuse of process—Interim relief granted in Section 482 B.N.S.S. proceedings—...
A. Anticipatory Bail—Complaint Cases—Mere Issuance of Summons Not Sufficient to Invoke Section 438 CrPC / Section 482 BNS An application for anticipatory bail is generally not maintainable where only a summons has been issued in a complaint case—Even if the alleged offence is non-bailable, the mere issuance of a summons does not create a real apprehension of arrest by the police without a warrant, which is a prerequisite for invoking pre-arrest bail jurisdiction. (Paras 30, 32(i), 33, 34) B. Anticipatory Bail—Complaint Proceedings—Bailable Warrant—No Apprehension of Arrest in Legal Sense The issuance of a bailable warrant in a private complaint does not justify a plea for anticipatory bail—Since the law allows the accused to be released on bail by furnishing a bond to the police or court, the...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory Bail—Corruption Allegations Against Public Official—Anticipatory bail was granted by the High Court to a senior government official facing allegations of corruption involving tender manipulation, unauthorized payments, and misuse of public funds—The Supreme Court held that while custodial interrogation remains a relevant factor, it is not the sole basis for deciding anticipatory bail—Courts must assess the prima facie case, gravity of the allegations, and nature of the offence—Finding that the High Court failed to undertake such an assessment, the apex court set aside the bail order—However, the respondent was given four weeks to surrender with the option to apply for regular bail. (Paras 3, 20, 29, 32) B. Criminal ...
Indian Penal Code, 1860, Sections 143, 147, 149, 323, 387, 427, 452, 504 and 506—Criminal Law—Anticipatory Bail—Grant of Pre-Arrest Bail—Cancellation—Suppression of Material Facts—Grave Allegations—Misuse of Bail Conditions—In a case involving allegations of trespass, vandalism, and criminal intimidation by an estranged husband (accused Vishwajeet) and co-accused in connection with a property dispute over Hotel Vaishali, the Supreme Court cancelled anticipatory bail granted by the Bombay High Court—The accused allegedly misused an ex parte injunction order (subsequently set aside) to forcibly enter the property and threatened witnesses during interim bail—The Additional Sessions Judge had earlier denied bail, noting suppression of material facts—The State supported the comp...
Penal Code, 1860—Section 306—The Gujarat High Court rejected anticipatory bail applications filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the parents-in-law of a woman who allegedly died by suicide due to prolonged mental and physical harassment—The FIR named the husband and both in-laws as accused in the abetment of suicide of the deceased, citing instances of domestic abuse, harassment, and previous suicide attempts—The Court noted specific, consistent allegations from witnesses and the victim's family about continued cruelty, instigation, and neglect by the applicants—The Court held that the allegations revealed a prima facie case and emphasized that the seriousness of the offense, the societal interest, and the need for custodial interrogation outweighed the liberty inter...
Interim Protection—Anticipatory Bail—Direction to Cooperate with Investigation—The Supreme Court, in a matter where the petitioner is wanted in connection with FIR No.68 dated 04.07.2018, granted interim protection from arrest upon the petitioner’s undertaking to appear before the Investigating Officer (IO) and cooperate with the investigation—The Court directed the petitioner to appear before the IO on 10.07.2025 or another date as fixed—The IO shall record her statement, and the matter was posted for further hearing on 11.07.2025. Result : No arrest ...
Anticipatory Bail—Interim Protection Granted—Appearance Before IO Directed—In a petition seeking anticipatory bail by the petitioner-wife in connection with FIR No.144/2025, the Supreme Court noted her avoidance of the Investigating Officer (I.O.)—Upon her willingness to appear for interrogation if assured no arrest, the Court directed her to appear before the I.O. on 19.07.2025 or on another date as fixed by the I.O. It granted interim protection from arrest upon appearance—Matter to be listed after two weeks. Result : No arrest ...
Penal Code, 1860—Sections 420, 467, 468, 471 read with Section 120B—Anticipatory Bail—Economic Offences—Custodial Interrogation Not Required—The Supreme Court, while disposing of a Special Leave Petition, granted anticipatory bail to the petitioner accused under Sections 420, 467, 468, 471 read with Section 120B IPC, noting that custodial interrogation was not necessary—Interim protection earlier granted was made absolute—The Court directed the petitioner to cooperate with the investigation and appear before the Investigating Officer as required—Bail was made conditional on furnishing bonds with two sureties. Result : Anticipatory bail ...
Bharatiya Nyaya Sanhita, 2023, Sections 318(4), 336(3), 340(2), 338—Anticipatory Bail—Bhartiya Nyaya Sanhita—Interim Protection—Custodial Interrogation Not Required—The Supreme Court granted anticipatory bail to the petitioner, accused under Sections 318(4), 336(3), 340(2), and 338 of the Bhartiya Nyaya Sanhita, 2023, in connection with FIR No.40/2025 registered at Police Station Chawni, Malegaon, Maharashtra—Noting that custodial interrogation was unnecessary and interim protection had already been granted, the Court directed the petitioner to cooperate with the investigation and appear before the Investigating Officer within two days—Failure to do so would allow the State to seek appropriate orders from the trial court—The SLP and pending applications were disposed of accordingly. Resul...
Narcotic Drug and Psychotropic Substances Act, 1985, Section 15B—Anticipatory Bail—NDPS Act—Custodial Interrogation Not Required—Cooperation with Investigation Mandatory—The petitioner sought anticipatory bail, initially declined by the High Court—Interim protection was granted subject to cooperation—Considering the facts and submissions of the State, custodial interrogation is not necessary—The interim protection order is made absolute, subject to the petitioner’s continued cooperation with the investigation and compliance with summons by the Investigating Officer—On arrest in connection with FIR No. 173/2024 at Police Station Lambi, Sri Muktsar Sahib, the petitioner shall be released on bail upon furnishing bail bonds with two sureties—Special leave petition disposed of&m...
This case addresses anticipatory bail under Section 438 Cr.P.C. (now Section 482 BNSS, 2023) in the context of economic offences, particularly large-scale financial scams—The Court emphasized that anticipatory bail in economic offences involving substantial sums and affecting public interest is generally disfavored unless exceptional circumstances exist—Factors influencing bail decisions include the nature and gravity of accusations, accused’s role, antecedents, risk of fleeing or reoffending, societal impact, and necessity of custodial interrogation—Specifically, under the Gujarat Protection of Interests of Depositors (In Financial Establishments) Act, 2003 (GPID Act), Section 17(2) explicitly bars anticipatory bail, and designated courts lack jurisdiction to grant it, even if related offences under other laws are...
Anticipatory Bail—SLP Dismissal—Liberty to Seek Regular Bail—The Supreme Court dismissed the special leave petitions challenging the High Court’s denial of anticipatory bail, finding no illegality in the impugned orders—However, the Court granted the petitioners two weeks’ time to surrender and apply for regular bail—It directed that any such bail application be considered expeditiously and in accordance with law—All pending applications were disposed of. Result .SLPs dismissed ...
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)—Section 37—Bail—Buprenorphine is classified as a psychotropic substance, and its possession or sale in commercial quantities without proper authorization constitutes an offence, notwithstanding its regulation under the Drugs & Cosmetics Act—Bail under Section 37 NDPS requires satisfaction that the accused is likely innocent and will not reoffend—Anticipatory bail is generally not granted where proclamation proceedings under Section 82 CrPC have been initiated, indicating defiance of court orders—Factors such as recovery of commercial quantities, ongoing investigations, non-cooperation, and the scale of illegal operations justify bail rejection—The NDPS Act permits dealing with narcotics only for medical/scientific purposes as auth...
Narcotic Drugs and Psychotropic Substances Act, 1985—Anticipatory Bail—Dismissal of SLP and Direction to Surrender—The Supreme Court upheld the High Court's decision refusing anticipatory bail and dismissed the Special Leave Petition—The petitioner was directed to surrender before the Trial Court and apply for regular bail—The Trial Court was instructed to consider the bail application on its own merits and in accordance with law, expeditiously—This decision affirms the judicial principle that when anticipatory bail is declined, the remedy lies in seeking regular bail through proper legal procedure. (Paras 2 to 4) Result : Petition dismissed ...
Bharatiya Nyaya Sanhita, 2023, Sections 85, 115(2), 296, and 124(1)—Dowry Prohibition Act, 1961, Section 3 & 4—Anticipatory Bail—FIR under BNS and Dowry Prohibition Act—Interim Protection—Issue notice—Liberty granted to the petitioner to serve the learned Standing Counsel for the State—The Supreme Court directed that in the event of arrest in connection with FIR No.351 of 2025 dated 10.04.2025, P.S. Guna, M.P., for offences under Sections 85, 115(2), 296, 124(1) BNS, and Sections 3 & 4 of the Dowry Prohibition Act, 1961, the petitioner shall be released on bail as per terms fixed by the Judicial Magistrate, Guna—Petitioner must cooperate with the investigation. Result : Interim Protection Granted ...
Anticipatory Bail—Parity and Criminal Antecedents—Anticipatory Bail—Parity—Criminal Antecedents—The petitioner sought anticipatory bail on the ground of parity, asserting that co-accused similarly placed had been granted such relief by the High Court—The petitioner’s prayer was rejected solely due to criminal antecedents dating back to 2019—It was also contended that the present case involves a cross-version and that the petitioner sustained injuries during the incident—Observing that the matter required consideration, the Supreme Court issued notice returnable in four weeks—In the interim, the petitioner was granted protection from arrest upon furnishing a personal bond and undertaking to cooperate. ...
Anticipatory Bail—Parity with Co-Accused—Interim Protection for Female Accused—Anticipatory bail plea filed by two female petitioners in a case involving assault on a doctor was considered by the Supreme Court—It was submitted that six male co-accused had already been granted regular bail and the petitioners, being women, deserved similar protection—The Court noted the matter required consideration and issued notice returnable within six weeks—Meanwhile, it granted interim protection directing that in case of arrest, the petitioners be released on personal bond of ₹25,000 each, subject to cooperation and non-tampering with evidence. ...
Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—An anticipatory bail application under Section 482 BNSS, 2023, the applicant sought bail in connection with FIR No. 11189003250401/2025 registered at Morbi City Police Station for alleged property fraud—The applicant claimed bona fide purchaser status, citing a 2017 Agreement for Sale with co-accused, payment of sale consideration, and absence of objections following due process—He alleged framing by local political influence and insisted on cooperation with investigation, asserting no need for custodial interrogation—The prosecution opposed bail, highlighting forged documents, including fabricated death certificates and pedigree to mutate co-accused’s name in revenue records, with the applicant implicated in orchestrating the scheme—Bank transa...
Anticipatory Bail—Liberty to Approach High Court—Withdrawal of Special Leave Petition—The petitioner submitted that in identical circumstances, the High Court had granted anticipatory bail on multiple dates, but these precedents were not brought to the High Court’s notice in the impugned order—Considering this, the Supreme Court allowed the petitioner to withdraw the Special Leave Petition with liberty to approach the High Court for appropriate relief—The Special Leave Petition was accordingly disposed of as withdrawn. Result: SLP Disposed of as Withdrawn with Liberty ...
Bharatiya Nyaya Sanhita, 2023, Sections 115(2), 351(3), 352—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14-A(2)—Anticipatory bail—The appellants, accused Nos. 1 to 3, sought anticipatory bail under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in Crime No. 522/2024—The Court found that the investigation was complete, a charge sheet was filed, and the appellants had no criminal antecedents—Interim bail was previously granted without misuse—Considering the circumstances and ensuring protection of the prosecution’s and complainant’s interests, the Court allowed the appeal and granted bail on furnishing a bond of Rs. 2,00,000 each with two sureties—Conditions included no commission of similar ...
Penal Code, 1860, Sections 420, 467, 468, 471—Negotiable Instruments Act, 1881, Section 138—Anticipatory Bail—Allegation of Cheque Misuse —Held : The applicant, accused of misusing cheques alleged to have been lost by the complainant, sought anticipatory bail under Sections 420, 467, 468, and 471 IPC—It was argued that the cheques were issued for a friendly loan of ₹7,50,000 and that the complainant, after dishonour of cheques and being convicted under Section 138 NI Act, lodged a false complaint—The Court noted the pending complaint and conviction in related NI Act cases—As an interim measure, it granted anticipatory bail to the applicant, subject to conditions including cooperation with trial, non-inducement of witnesses, and restriction on travel—Notice was issued to responden...
Narcotic Drug and Psychotropic Substances Act, 1985, Section 20—Anticipatory Bail—Multiple FIRs—Interim Protection from Arrest—The petitioner, implicated in six FIRs including the present one registered as FIR No. 129/2025 at Police Station City Palwal under Section 20 of the NDPS Act, was directed to file an affidavit disclosing all pending FIRs—It was found that anticipatory bail or regular bail had been granted in most cases, with acquittal in one—The petitioner’s implication was primarily based on a neighbor’s statement, and no recovery was made—The Court issued notice returnable on 14.08.2025 and granted interim protection from arrest, subject to cooperation with investigation. Result : Interim protection ...
Anticipatory Bail—Conditions Imposed by High Court—Stay on Onerous Conditions—The petitioner, wife of an accused running a chit fund, was granted anticipatory bail by the High Court in Crime Case No.151/2025 under Sections 316(2), 318(4), 296(b), and 351(2) of the Bharatiya Nyaya Sanhita, 2023—The High Court imposed conditions including a Rs. 5,00,000 deposit and daily police reporting for two weeks—The Supreme Court found these conditions onerous and prejudicial, and accordingly stayed conditions (a) and (c), while allowing the petitioner to appear before the police only when called upon—Leave was granted to file a fresh FIR due to a translation error. Result : Stay granted ...
Anticipatory Bail—Change in Circumstances—Interim Protection—The petitioner, named in FIR No. 157 of 2021 under Sections 420, 465, 467, 468, and 471 IPC, was earlier denied anticipatory bail by the High Court and the Supreme Court—Upon a subsequent application citing change in circumstances—namely, forensic confirmation of genuineness of signatures on disputed documents—the Supreme Court issued notice returnable on 21.08.2025—Granting interim protection, the Court directed that the petitioner shall not be arrested, subject to cooperation with the investigation. Result : Bail granted ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986—Section 2, Section3—The Court addressed the issue of repugnancy between a State amendment and a subsequent Parliamentary enactment under Article 254 of the Constitution—Referring to Zaverbhai Amaidas v. State of Bombay and T. Barai v. Henry Ah Hoe, it reiterated that a State law, even if assented to by the President under Article 254(2), would stand impliedly repealed if a later Parliamentary law legislates on the same subject matter with conflicting provisions—Applying this doctrine of implied repeal, the Court held that the Code of Criminal Procedure (Uttar Pradesh Amendment) Act, 2018 (U.P. Act No. 4 of 2019), which amended anticipatory bail provisions in the Cr.P.C. 1973, stood ...
(A) Indian Penal Code, 1860 Sections 420, 464, 465, 471—Information Technology Act, 2000 Section 66D—Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482—Rights of Persons with Disabilities Act, 2016 Sections 89/91—Anticipatory Bail—Fraudulent Disability Certificate—Civil Services Exam—The appellant was accused of fraudulently securing a disability certificate to gain extra attempts in the civil services examination, invoking provisions under Section 66D of the IT Act, 2000, Sections 89 and 91 of the Rights of Persons with Disabilities Act, 2016, and Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023—The High Court had denied anticipatory bail—However, the Supreme Court granted anticipatory bail, directing the appellant to furnish a cash security of ...
(A) Criminal Procedure Code, 1973 Section 438—Criminal Law—Anticipatory Bail—Economic Offences Involving Public Funds and Market Manipulation—The Supreme Court denied anticipatory bail to petitioners accused of misappropriating public funds and receiving kickbacks through a liquor syndicate—Allegations included manipulating the liquor market by promoting select brands while sidelining established ones, resulting in suspicious financial transactions—The Court, concurring with the High Court, held that custodial interrogation was necessary for effective investigation due to the gravity and complexity of the offence—It emphasized that economic offences involving public interest require thorough probing and that prima facie evidence supported the prosecution’s case—Accordingly, anticipator...
Penal Code, 1860 Sections 48A, 323, and 504—Anticipatory Bail—Consideration of Conduct and Cooperation—The anticipatory bail application filed by the appellant in connection with the Rohtas Complaint Case was initially rejected by the High Court—However, the Supreme Court, while considering the appellant’s overall conduct and cooperation in the ongoing trial proceedings, found no reason to deny relief—Taking note of these factors, the Court made the previously granted interim bail order absolute—The appeal was accordingly allowed, reinforcing that an accused’s conduct and cooperation with the legal process are critical considerations in bail matters. (Paras 2 to 8) ...
(A) Code of Criminal Procedure, 1973 Section 438— Anticipatory Bail—Extensive Criminal History and Threat Allegations—Grant and Cancellation of Anticipatory Bail—Scope of Judicial Review—Accused, with a lengthy criminal background and allegations of threats and abuse, was granted anticipatory bail by the High Court—Supreme Court upheld the order, noting that the offences were not heinous and were triable by a Judicial Magistrate, First Class—Cancellation requires cogent and overwhelming circumstances. [Paras 8 to 10] (B) Cancellation of Bail—Grounds and Judicial Interference—Cancellation in Light of Criminal Antecedents—Scope of Cancellation of Anticipatory Bail—Habitual Offender—Supreme Court reiterated that cancellation of bail requires supervening circumsta...
Anticipatory bail given. Bharatiya Nyaya Sanhita, 2023, Sections 85/316/3(5)—Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482—Offence of dowry death at UK—Anticipatory bail Application by Sister of Husband—Allegation of demanding a Ring—Essentially, the Applicant herein is the sister of the main accused, who is the husband of the deceased. Applicant has clean antecedents and is only 21 yrs old—Furthermore, no Notice under Section 41A CrPC has been issued to the Applicant herein, due to which she has not joined the investigation—Considering the totality of the circumstances, it is directed that in the event of her arrest, the Petitioner shall be admitted to Anticipatory Bail by the Investigating Officer/Arresting Officer, subject to the conditions. (Paras 26—28) Result :- App...
Criminal Procedure Code, 1973, Section 82, Section 438—Anticipatory bail—The Supreme Court, in a significant ruling, emphasized that economic offences are distinct and grave in nature, involving deep-rooted conspiracies and causing immense harm to public interest and the financial health of the nation—It stated that when an accused evades the law after issuance of summons or warrants, and when proclamation proceedings under Section 82 Cr.P.C—are initiated, granting anticipatory bail is not justified—In the instant case, the respondents were charged under serious provisions of the Companies Act, including Section 447, which attracts stringent bail conditions under Section 212(6)—The Court noted that the respondents deliberately avoided court appearances and obstructed justice, warranting the issuan...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 14-A(2), 18, 18-A—Anticipatory Bail—Bar under Section 18 and 18-A—Exception when No Prima Facie Case is Made Out—Under Sections 18 and 18-A of the SC/ST Act, the grant of anticipatory bail under Section 438 Cr.P.C. is barred in respect of offences under the Act—However, this bar is not absolute—As clarified by the Supreme Court in Prathvi Raj Chauhan v. Union of India, (2020) 2 SCC Online SC 159, the courts may grant anticipatory bail or invoke the inherent powers under Section 482 Cr.P .C. where, upon preliminary assessment, the allegations made in the complaint do not disclose a prima facie case attracting the provisions of the SC/ST Act. In such cases, while exercising appellate jurisdiction under Section 1...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—The appellant sought bail in anticipation of arrest in a case involving the theft of a judicial file—The FIR, registered under Sections 380, 411, 427, 454, 409, 201, and 120-B of the IPC, implicated the appellant based on disclosures by co-accused—Despite a closure report filed in May 2022, further investigation was ordered, and the appellant cooperated with the investigation—The Supreme Court, considering the investigation's delay of over two and a half years, and the appellant’s cooperation, ruled that custodial interrogation was unnecessary—The Court set aside the High Court’s order denying anticipatory bail, granting protection from arrest and directing the trial court to grant bail if arrested—In Criminal Appeal...
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—Section 483—Anticipatory Bail—The exercise of anticipatory bail under Section 483 requires the petitioner to show a reasonable apprehension of arrest based on concrete facts, not vague or general fears, media reports, or unverified information—A petition is premature if the petitioner is not named as an accused or summoned by the investigating agency, and cannot establish a credible threat of arrest—Reliance on unofficially obtained statements from the case diary or media reports is insufficient to justify anticipatory bail—Newspaper reports do not hold evidentiary value and cannot be the basis for granting such relief—Additionally, the High Court cannot direct advance notice before arrest, as it would interfere with the statutory powers of the inves...
Criminal Procedure—Anticipatory Bail—Protection under Section 482 BNSS—Allegations under POCSO Act—Interim Protection Made Absolute: The Supreme Court allowed an appeal challenging the Kerala High Court’s order denying anticipatory bail to a 55-year-old appellant facing accusations under Sections 376(2)(n) and 376AB IPC and Sections 5(l), 5(m), 5(n), and 5(p) read with Section 6 of the POCSO Act—The FIR was filed by the paternal grandmother of the minor child amid an alleged custody dispute with her daughter-in-law—The appellant argued that the complaint was false, vexatious, and intended to harass, particularly since he had supported the child’s mother during prior family disputes—The Court noted that interim protection had been granted earlier, with no coercive steps taken so long as...
The Criminal Petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeks anticipatory bail for the Petitioner (A20) in connection with Crime No. 23/2024 registered by CID Police, Mangalagiri, for fraudulent activities involving ICICI Bank employees—The prosecution alleges the Petitioner’s involvement in a fraud of approximately Rs. 28.34 Crores, including unauthorized overdrafts, fraudulent FD receipts, and misappropriation of gold loans—The Petitioner claims innocence, asserting that he was misled into believing the funds were legitimate, having deposited Rs. 1.5 Crores into his account—The State opposes bail, citing the ongoing investigation and necessity of custodial interrogation—The Court, after considering judicial precedents, including Mahipal v. Rajesh and Rakesh Baban Bor...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 3(1)(r), 3(1)(s), and 3(2)(va)—Indian Penal Code, 1860—Sections 364, 511, 307, 343, 419, 506, 120B, and 34—Criminal Procedure Code, 1973—Section 438 [Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482]—Anticipatory Bail—The Court addressed allegations of caste slur and criminal intimidation under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act—It held that the essential element of "public view" was not satisfied as per the FIR—The allegations against the appellant regarding conspiracy and abduction were found to be inferential, requiring proof during the trial—Considering this, the Court granted anticipatory bail subject to conditions imposed by the Trial Court—The decision h...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail—Grant of relief—Allegations under Sections 376 and 420 IPC—Appellant, a Naik in the Army, apprehending arrest in connection with FIR No. 71/2021, sought anticipatory bail before the High Court, which was rejected—Appeal before the Supreme Court—Investigation completed but charge sheet not yet filed—Respondent State conceded that custodial interrogation of the appellant was not required—Complainant opposed bail citing potential threats to the victim and witnesses—Supreme Court observed that in the given circumstances, the appellant was entitled to anticipatory bail—Held, impugned order of the High Court set aside—Appellant directed to be released on bail in the event of arrest upon furnishing cash secur...
Bharatiya Nyaya Sanhita, 2023—Sections 296, 115(2), 351(2), 118(1), 190, 191(2)—Anticipatory Bail—Senior Citizen—Investigation Concluded—Charge Sheet Filed—The appellant, a 61-year-old retired Senior Divisional Manager and Secretary of Dr. Ambedkar Memorial Society, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, apprehending arrest in connection with FIR No. 475/2024, registered at P.S. Mhow, District Indore—The case arose from a dispute involving the removal of one Rajesh Wankhede from the Society, leading to allegations of threats and misconduct—The appellant contended that he had committed no overt act, and despite the conclusion of the investigation and filing of the charge sheet, he faced imminent arrest—The High Court rejected his anti...
Code of Criminal Procedure 1973—Section 438—BNSS—Section 482—Anticipatory Bail—The presumption of innocence, by itself, cannot be the sole consideration for grant of anticipatory bail—The presumption of innocence is one of the considerations, which the court should keep in mind while considering the plea for anticipatory bail—The salutary rule is to balance the cause of the accused and the cause of public justice—Over solicitous homage to the accused’s liberty can, sometimes, defeat the cause of public justice—Anticipatory bail can be granted only in exceptional circumstances where the Court is prima facie of the view that the applicant has been falsely enroped in the crime or the allegations are politically motivated or are frivolous. (Para 21) Corruption Cases—If liber...
Bharatiya Nagarik Suraksha Sanhita, 2023—Sections 482 and 61(2)—Prevention of Corruption Act, 1988—Sections 7 to 12—Anticipatory Bail—Scope and Judicial Discretion—The Court held that anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), can be granted for offences punishable with imprisonment of less than seven years, even in cases under the Prevention of Corruption Act, 1988, particularly under Sections 7, 8, 9, 10, 11, and 12—The Court emphasized that the mere registration of an FIR or presence of allegations of corruption does not automatically warrant arrest—It must be seen whether custodial interrogation is truly necessary—In this context, Section 61(2) of the BNSS and the arrest guidelines laid down by the Hon’ble Supreme Court regardi...
Anticipatory Bail given (A) Criminal Procedure Code, 1973—Section 482 [Bharatiya Nagarik Suraksha Sanhita, 2023—Section 528]—Quashing petition—Allegations against the appellant cannot be adjudicated merely based on the pleadings and require scrutiny of official records and procedural compliance—At the stage of investigation, Courts should refrain from preemptively quashing criminal proceedings unless there is an evident abuse of process—Since the appellant's contentions relate to factual disputes that need verification through proper investigatory mechanisms, it would be inappropriate for this Court to exercise its inherent powers to quash the proceedings at this stage. (Para 17) (B) Criminal Procedure Code, 1973—Sections 438 [Bharatiya Nagarik Suraksha Sanhita, 2023—Sect...
The Court held that an application for anticipatory bail under Section 438 of the Criminal Procedure Code (CrPC) is maintainable even if proceedings under Section 82/83 CrPC have been initiated or the accused has been declared a proclaimed offender—The power to grant anticipatory bail is extraordinary and should not be unduly limited by the courts, but its exercise requires caution, considering the gravity of the offence and the circumstances surrounding the proclamation—The maintainability of an anticipatory bail application is distinct from the entitlement to bail on merits, meaning that while an application can be filed even for a proclaimed offender, the grant of bail depends on the facts, including the gravity of the offence, the conduct of the accused, and whether the accused has been non-cooperative or absconding—...
Bharatiya Nyaya Sanhita, 2023—Sections 319(2)—The petitioner, "Sanjay," sought anticipatory bail in connection with an FIR alleging his involvement in a fraudulent gold scheme, where he allegedly lured the complainant into investing in a discounted gold scheme and subsequently robbed of Rs. 11 lakhs—The petitioner denied any involvement, claiming he was in Bihar during the incident and that the money transferred into his account was from a property deal with a co-accused—However, the prosecution presented evidence, including CDR analysis, linking the petitioner to the conspiracy and tracing significant amounts of the robbed money to his account—The court found the petitioner's explanation unconvincing, citing lack of sufficient evidence and the seriousness of the charges, including identificatio...
Bharatiya Nyaya Sanhita, 2023—Section 482—Anticipatory Bail—Necessity to Approach Sessions Court First—The petitioner, accused in Crime No. 3/2025 of Santhebennur Police Station, sought anticipatory bail under Section 482 of BNSS, 2023, for offenses under Sections 69 and 318(2)—The complaint alleged that the petitioner, under the pretext of marriage, engaged in sexual relations with the complainant and later cheated her—The petitioner directly approached the High Court without first seeking relief before the Sessions Court—He contended that he was unlawfully detained by the complainant’s associates and faced threats—He relied on precedents, including Mohanlal Nandram Choudhari v. State of Maharashtra (2007 CRL.L.J. 4656)—The Court reiterated that while both Sessions Court and Hig...
Anticipatory Bail—Section 482 Bhartiya Nagrik Suraksha Sanhita, 2023—Abetment to Suicide Allegation—The applicant sought anticipatory bail in connection with Crime No. 05/2025 registered under Section 107 of the BNS, alleging abetment to suicide—The prosecution claimed the applicant pressured the deceased, a junior sportsman, over suspicion of theft, leading to his suicide—The applicant contended that mere suspicion and confrontation over stolen money do not constitute abetment, asserting his innocence—The court noted both parties were young athletes and acknowledged the emotional impact of the incident—However, it found no prima facie evidence indicating the applicant intentionally created unbearable circumstances compelling the deceased to commit suicide—The court emphasized balancing emot...
Criminal Procedure Code, 1973 (CrPC)—Section 82—Anticipatory bail—The present appeal, the appellant, Ijhar Alam, challenged the proceedings under Section 82 of the Code of Criminal Procedure, 1973, in relation to First Information Report No. 268/2023, registered for offenses under Sections 452 and 376 of the Indian Penal Code, 1860—The appellant contended that the case was one of consent, supported by Call Detail Records (CDR) showing frequent communication between him and the alleged victim—The Supreme Court, after granting interim protection on 09.08.2024, allowed the appeal and confirmed the interim order—The Court directed that if the appellant is arrested in connection with the case, he shall be released on bail with conditions to be set by the trial court—The appellant was also instructed to...
Bharatiya Nyaya Sanhita, 2023—Sections 3(5), 332-C, 115(2), 118, 190, 191(3), 109, and 351(2)—Anticipatory Bail—Contradictory Versions in FIR and General Diary (GD): The petitioner sought anticipatory bail, arguing that further pre-trial incarceration would cause irreversible injustice to him and his family—The State opposed the bail, citing the status report—The court observed contradictions between the FIR and GD, noting that the recorded injuries were simple in nature—Considering these factors, the court concluded that pre-trial incarceration was unwarranted at this stage—While granting anticipatory bail, the court imposed specific conditions, emphasizing the need to protect the victim and society—The petitioner was restricted from possessing firearms and directed to comply with all stipu...
Indian Penal Code, 1860—Sections 323, 406, 498A, 417, 201, and 34—Anticipatory Bail—Remand for Fresh Consideration—The appellants, accused under Sections 323, 406, 498A, 417, 201, and 34 IPC, challenged an order of the High Court granting anticipatory bail subject to their depositing Rs. 5 lakhs each in FDRs—The appellants contended that no such instruction was given to their counsel before the High Court, as they lacked the financial capacity to comply—The respondent disputed this claim—The Supreme Court noted that anticipatory bail was granted based on submissions by counsel, without considering the merits of the case—Consequently, the impugned order was set aside, and the matter remitted to the High Court for fresh consideration on merits—The appellants were granted interim protecti...
Anticipatory Bail granted. Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482—Anticipatory Bail—Appeal by accused to impugn denial—Accused joined with the investigation is a ground to grant Anticipatory Bail. (Para 4) Result :- Appeal allowed. ...
Penal Code, 1860 (IPC)—Sections 420,467—The High Court of Chhattisgarh rejected the appellant's Anticipatory Bail Application in connection with Crime No. 107 of 2016 in Raipur, District-Raipur—The appellant invoked the High Court's jurisdiction under Article 226 of the Constitution of India, but protection from arrest was granted until the completion of the investigation and the submission of a police report—The appellant's counsel argued that the investigation is complete and the allegations are incorrect—The court directed the appellant to cooperate in the trial and submit bail bonds within two weeks, ensuring he is not arrested in connection with any coercive process—The interim protection granted by the court will continue for another two weeks—The appeal is disposed of. ...
Anticipatory bail, cancelled. Penal Code, 1860—S.302—Murder case—Appeal by the complainant against the grant of anticipatory bail to respondents nos. 2 to 4 by the High Court—fact that there are specific averments in the FIR against all the accused persons including the respondents herein that all of them had set the deceased on fire with an intention to kill him—High Court had wrongly granted relief of anticipatory bail to the respondents in an offence under Section 302 of the IPC—The High Court has erred in granting the relief in a cryptic and mechanical manner without considering the materials available on record including the chargesheet which stated that the case has been found true against all the accused persons of such a heinous offence of murder by pouring kerosene oil and setting the deceas...
Code of Criminal Procedure 1973—Section 438—BNSS 2023—Section 482—Anticipatory Bail—Ad Interim Protection—Ordinarily, when the High Court takes up anticipatory bail application for hearing it has three options. Either it may reject it on the very first day or it may issue notice to the State but would not grant any ad-interim protection or in a given case may issue notice and may even deem fit to grant appropriate protection—The aforesaid is of course the discretion of the Court concerned having regard to the merits of the matter— [In this case, HC passed an ad-interim order which reads thus”- “In the meantime, the petitioner is directed to join the investigation. In the event of arrest, he shall be on ad interim bail to the satisfaction of the arresting/investigating office...
Penal Code, 1860 (IPC)—Sections 409, 418—The petitioner/A1 has filed a criminal petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail in connection with a crime case registered against her and others—The case involves the ex-Director, Manager, and Cashier of Indukurpeta Podupu Lakshmi Paraspara Sahayaka Sahakara Podupu Sangam Limited, Indukurpeta Mandal, for misappropriating funds from 2013 to 2022—The petitioner filed a private complaint in 2022, which was registered as a case in Crime No.30 of 2024 of Indukurpet Police Station—The Assistant Public Prosecutor also recorded statements from LWs.13, 14, 15, and 18, alleging that she misappropriated funds—The court found no progress in the investigation and granted anticipatory bail to the petitioner/A1 on the fo...
Penal Code, 1860 (IPC)—Sections 406, 498—Anticipatory Bail—Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—Section 482—Petition under Section 482 BNSS for anticipatory bail in FIR registered under Sections 406, 417, 498-A, 120-B IPC—Interim protection granted earlier, subject to joining investigation—Petitioners directed to appear before the Investigating Officer and cooperate—Reliance placed on precedents including Arnesh Kumar v—State of Bihar and Gurbaksh Singh Sibbia v—State of Punjab—State counsel confirmed petitioners joined investigation and custodial interrogation not required—Interim bail made absolute—Petitioners directed to abide by conditions under Section 482(2) BNSS (analogous to Section 438(2) CrPC)—Petition disposed of accordingly. ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—The Supreme Court allowed the appellant's appeal against the Kerala High Court's order rejecting anticipatory bail in connection with F.I.R. Crime No. 1192 of 2024, registered for offences under Sections 376 and 506 IPC—The case involved allegations of sexual abuse made by the complainant, who had delayed reporting the incident for eight years, with previous allegations posted on social media in 2018—The appellant was directed to be released on bail, subject to conditions imposed by the Trial Court, including depositing his passport and cooperating with the investigation—The Court also emphasized that any breach of these conditions could result in the cancellation of bail—The appeal was allowed, and any pending applications were disposed of. ...
Constitution of India, 1949—Article 226 and 136—Criminal Procedure Code, 1973—Section 41-A—Anticipatory bail and Special leave petition (S.L.P.)—Rejection of—Prompt notice u/s 41-A, CrPC, by the police to accused—Police action in issuing notice under Section 41-A CrPC to the accused, despite rejection of anticipatory bail and a clear requirement for custodial interrogation, amounts to gross misconduct—The police were soft-pedalling the accused—It appears that the police officers are running their own court, parallel to High Court as well as the Supreme Court, which cannot be countenanced any more—The Commissioner of Police is directed to initiate disciplinary proceedings against the erring officers—This conduct amounts to major misconduct. (Para 8 and 9) अग्रि...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 3(1)(r), 3(1)(s), 3(2)(va), Section 14-A—Anticipatory Bail—Bar under Section 18—Prima Facie Case Requirement—In this case, the appellant sought anticipatory bail under Section 14-A of the SC/ST Act, challenging the denial of bail by the Special Court, which deemed the application non-maintainable under Section 18 of the Act—The complainant alleged caste-based abuse and assault, but the appellant’s name was only added later in a supplementary statement—The High Court, referring to Dr. Subhash Kashinath Mahajan v. State of Maharashtra and Prathvi Raj Chauhan v. Union of India, observed that anticipatory bail may be granted if a prima facie case under the SC/ST Act is not established—Here, there was no pub...
Motor Vehicles Act, 1988—Sections 184, 185, 3(1), 171, 119-A, 199/177—IPC—Sections 337, 427, 279, 214, 466, 467, 468, 471—Prevention of Corruption Act, 1988—Sections 7, 7-A, 8, 12, 13—Anticipatory Bail Application Dismissed—The applicant faced allegations of conspiracy and forgery in an FIR linked to a fatal car accident involving his minor son—Accusations included bribing doctors to falsify blood sample reports to evade charges under the Motor Vehicles Act and IPC—The applicant contended that the actions, at most, constituted a bailable offense under IPC Section 201 and lacked the requisite intent for forgery under Section 467—However, the Special Public Prosecutor argued that replacing blood samples and creating false documents established a prima facie case for forgery an...
Penal Code, 1860 (IPC)—Sections 376(2)(n), 354B, 354C, 506—Information Technology Act, 2000—Section 66(E)—Anticipatory Bail in Sexual Assault and Harassment Case—The petitioner, accused of multiple offenses including sexual assault, harassment, and cybercrimes, sought anticipatory bail following allegations spanning from 2021 to 2022, with the complaint filed in May 2024—The petitioner argued that the delay in filing the complaint undermined its credibility and claimed he was not needed for custodial interrogation as the charge sheet had been filed—The respondent, however, presented detailed complaints and forensic evidence to support the allegations and argued that granting bail could lead to witness intimidation and flight risk—The court found prima facie evidence of the offenses and ...
Anticipatory bail application by sub-Registrars accused of offenses under IPC Sections 409, 420, 465, 467, 468, 471, and 120-B—Allegations involved unlawful registration of sale deeds concerning forest land—Applicants argued that their actions were within the scope of their official duties under the Registration Act, relying on precedents that limit the inquiry scope of registering officers—The State contended that relevant statutes prohibited such transactions, imposing criminal liability on the applicants—The court found that the executive instruction cited by the State could not override statutory provisions—It held that no criminal liability could be attributed to the applicants as they performed their duties correctly—Anticipatory bail granted with conditions to cooperate with the investigation and...
Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—The petitioner sought anticipatory bail under Section 438 of the CrPC after being implicated in an FIR for possessing 25 grams of heroin, an intermediate quantity under the NDPS Act—The petitioner’s father was found in possession of the contraband and disclosed the petitioner’s involvement during interrogation—The petitioner had been granted interim protection earlier, which was extended—The Court noted that the offense did not attract the rigors of Section 37 of the NDPS Act, which applies to commercial quantities—Citing Sami Ullaha v. Superintendent Narcotic Control Bureau (2008) 16 SCC 471, the Court held that custodial interrogation was unnecessary in cases involving intermediate quantities—The Court granted anticipato...
Penal Code, 1860 (IPC)—Sections 379, 413—The petitioner sought anticipatory bail under Section 438 of the Criminal Procedure Code, 1973, fearing arrest in FIR No. 15/2024, registered under Sections 379 and 413 IPC—The prosecution accused the petitioner of stealing cars along with co-accused Kanwaljit Singh and Akashdeep Singh, who confessed their involvement in the theft—The State opposed bail, highlighting the petitioner's role in multiple car thefts—However, the court found no need for custodial interrogation at this stage, noting sufficient prima facie evidence but no justification for pre-trial incarceration—The petitioner was directed to join the investigation, cooperate fully, and comply with all conditions—The bail was granted subject to furnishing bonds and adhering to the statutory co...
Bharatiya Nyaya Sanhita, 2023—Sections 308(2)—Criminal Procedure—Anticipatory Bail—Economic Offenses—Rejected—Gajju Ram v. State (2024)—The petitioner sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in connection with FIR No. 29/2024, involving charges under Sections 308(2), 61(2) of the Bharatiya Nyaya Sanhita (BNS), IPC Sections 380, 120-B, and Section 3 of the Prevention of Damage to Public Property Act—The allegations included facilitating a bribe demand of Rs. 2,50,000—The court, relying on the prima facie evidence, including recorded conversations, found the petitioner’s role as a coordinator in the bribery conspiracy significant—Citing precedents on custodial interrogation in economic offenses (State v. Anil Sharma),...
Anticipatory Bail. Criminal Procedure Code, 1973, Section 438—Anticipatory Bail—"Whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (for short, "CrPC") is maintainable at the instance of an accused while he is already in judicial custody in connection with his involvement in a different case?"—Pre-condition for a person to apply for pre-arrest bail is a "reason to believe that he may be arrested on an accusation of having committed a non-bailable offence"—Therefore, the only pre-condition for exercising the said right is the apprehension of the accused that he is likely to be arrested—In view of the discussion in the preceding paragraphs, custody in one case does not have the effect of taking away the apprehension o...
Anticipatory Bail. Code of Criminal Procedure, 1973, Section 438—Anticipatory Bail—Appellant submitted that the appellant has rightfully purchased the property from the complainant as well as another family member, namely, Shri Premlal Shrinath Shahu and Shri Krushna Muneshwarprasad Shahu; that it is only Premlal Shrinath Shahu, who has filed the complaint with a mala fide and oblique motive of trying to get back the land sold to the appellant herein—He further submitted that the appellant purchased the land in the year 2014 and subsequently sold it to a third party in the year 2016 and the complaint has been filed recently in the year 2023; that having regard to the ill-motive of the complainant and the fact that the appellant herein has purchased the land in question in accordance ...
Protection of Children from of Sexual Offences Act, 2012—Sections 8—The accused-petitioner, a police personnel, contended that the allegations were false and aimed at damaging his reputation—The court, referencing established principles from case law, emphasized the need for cautious consideration of bail applications in light of the seriousness of the charges and potential risks to the investigation—Given the preliminary stage of the investigation, the court found a substantial likelihood of evidence tampering and witness intimidation—Consequently, the petition for anticipatory bail was dismissed, with the court clarifying that its observations were not indicative of the accused's guilt or innocence. ...
Penal Code, 1860 (IPC)—Sections 324, 323—Anticipatory bail petitions filed under Section 438 Cr.P.C., related to FIR No. 17 and GDR No. 032 from Police Station Sadar Dhuri, the petitioners face allegations under Sections 324, 323, 427, 34 IPC (main FIR) and Sections 308, 325, 323, 148, 149 IPC (GDR No. 032)—The initial FIR involves assault and property damage accusations against the petitioners, while a cross case alleges serious injuries to the petitioners by the complainant's party—The petitioners argue the charges under Section 308 IPC are unwarranted and maintain they were the initial victims—The State opposes the bail, citing the severity of injuries and alleged misconduct—The court, following principles from "Sushila Aggarwal v. State (NCT of Delhi)" and "Vivekanand Mishra Versu...
Anticipatory Bail. Criminal Procedure Code, 1973, Section 438—Anticipatory Bail—Repeated FIR resulted in repeated application—When High Court rejected, appeal by Accused—Appellant was granted anticipatory bail in connection with the F.I.R. which was filed by the brother of the present complainant i.e.Dhaneshwari Devangan, and immediately thereafter, the present F.I.R was filed by the complainant on 26.11.2023 in connection with the alleged incident which took place on 25.01.2021 and was registered at the Police Station after almost three years i.e. on 26.11.2023—He further submitted that it was only a loan transaction and the appellant has been falsely implicated in the alleged incident—Bail granted. (Para 4) Result :- Appeal allowed. ...
Penal Code, 1860 (IPC)—Sections 409, 420—Sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with FIR No.14 of 2020, registered for offenses under Sections 409, 420, 467, 468, 471, and 120B of the IPC—The case involves an alleged scholarship scam linked to the Shriram Institute of Technology, Meerut, run by the Shri Sai Educational Welfare Trust, with the applicants holding various positions in the Trust at the time of the alleged offenses—The applicants argue that they were not in their positions during the disbursement of the scholarship funds, have fully cooperated with the investigation, and are not previous convicts—The Deputy Advocate General opposed the application but confirmed that no further interrogation of the applicants is required—The C...
Penal Code, 1860 (IPC) — Sections 175—The anticipatory bail petition concerning Bagodar P.S. Case No. 55 of 2024, the petitioners are facing charges under Sections 175, 414, and 34 of the IPC; Section 11 of the Prevention of Cruelty to Animals Act, 1960; Transport of Animals Rules, 1978; and Section 13 of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005—The petitioners, who are owners and drivers of pick-up vans, argue that they were transporting bovine animals under the "Mukhya Mantri Pashudhan Vikas Yojna" scheme, with proper certification from the District Dairy Development Officer—They claim false implication and lack of criminal antecedents—The Additional Public Prosecutor opposed bail, but the Court, considering the petitioners’ cooperation with the investigation and their ...
Anticipatory Bail for Caste remarks in Youtube Video. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3—Criminal procedure code, 1973, Section 438—Anticipatory Bail for Caste remarks in Youtube Video—Dismissed by High Court thus Appeal by Accused—The words in Section 3(1)(r) of the Act, 1989 are altogether different—Mere knowledge of the fact that the victim is a member of the Scheduled Caste or Scheduled Tribe is not sufficient to attract Section 3(1)(r) of the Act, 1989—As discussed earlier, the offence must have been committed against the person on the ground or for the reason that such person is a member of Scheduled Caste or Scheduled Tribe—When considering whether prima facie materials exist, warranting arrest of the appellant, there is nothing to indic...
Penal Code, 1860 (IPC)—Sections 420—Anticipatory bail petitions concerning FIR No. 631/2019, Police Station Jawahar Nagar, the petitioners, who are family members involved in commodity trading, faced allegations under Sections 420, 406, and 120B of the IPC, and Section 23 of the Forward Contracts (Regulations) Act—The complainant, M/s. Ganpati Multi Commodities Business (India) Pvt. Ltd., accused the petitioners of cheating and dishonesty resulting in substantial financial losses amounting to Rs. 40.04 crores—The petitioners argued the dispute was civil and lacked fraudulent intent, and contested the criminal nature of property transfers—However, the court found their claims inconsistent with evidence, including their admissions and previous arbitration results—The petitioners’ failure to comply w...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Maintainability in SC/ST Act Cases—Sections 18 and 18A of the SC and ST (Prevention of Atrocities) Act, 1989 bar anticipatory bail unless prima facie evidence of an offense under the Act exists. In this case, the petitioners were accused of causing an accident and subsequently abusing the victim by caste name. The court found ambiguity in the FIR, particularly concerning the vehicle involved and the alleged caste-based abuse. The court noted that the petitioner had assisted the victims and no prima facie case of caste atrocity was made out. Given the petitioner’s conduct and the lack of clear evidence, the court granted anticipatory bail, emphasizing that custodial interrogation was unnecessary. Bail was granted with conditions, including marking att...
Penal Code, 1860 (IPC)—366, 376(2), 506—The Petitioner/Accused No.2 sought anticipatory bail under Section 438 of the Cr.P.C. in connection with Crime No.44 of 2024 registered at Gajulamandyam Police Station, Tirupathi District, for offenses under Sections 366, 376(2), 506 read with 34 IPC, and Sections 3, 4, 5 read with 6 of the POCSO Act, 2012—The prosecution alleges that the victim, a minor studying in 9th class, was sexually assaulted by the Petitioner, a priest, after being falsely led to him by Accused No.1. The Petitioner had previously sought bail (Crl.P.No.1812 of 2024), which was denied—The investigation has concluded, and a charge sheet was filed against other accused, but not against the Petitioner, who remains absconding—The Court found no significant change in circumstances warranting reconsider...
Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory Bail for Juveniles—In a case where a juvenile sought anticipatory bail for a non-bailable offense, the court addressed the applicability of anticipatory bail under Section 438 of the Cr.P.C. or Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023—The court determined that the Juvenile Justice Act does not explicitly prohibit anticipatory bail for juveniles—It ruled that the terms "arrest" and "apprehend" are synonymous in this context, thereby allowing for the interpretation that juveniles can seek such relief—Emphasizing the importance of personal liberty under Article 21 of the Constitution, the court found no express prohibition in the Juvenile Justice Act against granting anticipatory bail to juvenile...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Issuance of Non-Bailable Warrants and Proclamation under Section 82—Not Entitled to Pre-Arrest Bail—The applicant sought anticipatory bail in FIR No. 0031 of 2023 registered under Sections 120-B, 504, 506, 386, 389 IPC at Police Station Muni Ki Reti, District Tehri Garhwal, alleging blackmail and extortion—The applicant claimed he had cooperated with the investigation and refused to sign an affidavit allegedly sent through a third party, which he believed was coerced—The court, however, noted that Non-Bailable Warrants were issued on 16.02.2024 and proceedings under Section 82 Cr.P.C—were also initiated—Relying on the Supreme Court's judgment in Srikant Upadhyay v. State of Bihar, 2024 SCC OnLine SC 282, the Court reiterat...
Anticipatory Bail. Criminal procedure code, 1973, Section 438—Anticipatory Bail—Application by husband—As there is a love marriage between the appellant- accused No.1 and respondent No.2, there is no question of he abusing respondent No.2 taking her caste and treating her as untouchable—The allegation of abuse touching caste is inside the house not in public view and therefore, at this stage, it cannot be said that Section 3 of the SC/ST Act is attracted—In the charge sheet, there is a threat of his arrest—Merely because the police notice has been issued as stated in the charge sheet, it cannot be said that there is no threat of arrest. (Para 8) Result :- Bail given. ...
Gujarat Land Grabbing (Prohibition) Act, 2020 — Sections 3, 4(3), 5(a)—Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail—Gujarat Land Grabbing (Prohibition) Act. In this case, the applicant sought anticipatory bail under Section 438 CrPC in connection with FIR No. C.R. No. 11191048211244/2021 registered at Sarkhej Police Station, Ahmedabad City, for offences under Sections 3, 4(3), 5(a), 5(c), 5(d), and 5(e) of the Gujarat Land Grabbing (Prohibition) Act. The court considered the applicant’s previous interim protection, the ongoing litigation regarding land vesting, and the applicant’s compliance with the investigation process—Despite the State's opposition, the court noted that the applicant had already cooperated with the investigation and had provided necessary detail...
Bhartiya Nagrik Suraksha Sanhita, 2023—Criminal Procedure Code, 1973 , Section 482—Penal Code, 1860, Sections 406, 409—Anticipatory bail—Second bail application—Under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) was filed for anticipatory bail relating to Crime No.03/2022 at Police Station-Sabhapur, District-Satna (MP), involving offences under Sections 406, 409 of the IPC, and Section 3/7 of the Essential Commodities Act—The applicant, already on bail and having complied with bail conditions, faced an enhanced charge under Section 409 IPC—Despite opposition from the State citing the seriousness of the offences, the court granted anticipatory bail—Conditions include furnishing a bond of Rs.50,000 with a surety, cooperation with police, refraining from influencing witnesse...
Penal Code, 1860 (IPC)—Sections 409, 420—The Court granted anticipatory bail under Section 438 CrPC to applicants Shambhunath Singh, Doodhnath, and Ramsakal in Case Crime No. 176 of 2024 relating to a scholarship scam at Dr. Sushila Tewari Private Mahavidyalay (B.Ed), Sitarganj, District Udham Singh Nagar—The applicants faced charges under Sections 409, 420, 466, 467, 468, and 471 IPC—Shambhunath Singh, aged 82, was the Institute’s owner but had delegated management powers, while the other two were clerks—The Court noted affidavits from five students confirming receipt of scholarships and observed that the applicants had no prior criminal record—One co-accused had already been granted anticipatory bail—The Court emphasized the sanctity of personal liberty under Article 21 and imposed conditi...
The applicant, Kapil Garg, sought anticipatory bail under Sections 409, 420, 467, 468, and 471 IPC related to a scholarship scam investigated by a Special Investigation Team—This is the third anticipatory bail application after the first two were withdrawn and the Sessions Judge rejected the bail application—The applicant, Registrar of BLS Institute of Management (a society registered under the Societies Registration Act, 1860), claimed false implication, no receipt of scholarship funds, no prior criminal record, and permanent residency in Meerut, minimizing flight risk—The prosecution opposed bail but acknowledged that the charge-sheet was filed, negating the need for custodial interrogation—Recognizing personal liberty as a fundamental right under Article 21, the court granted anticipatory bail on furnishing a pe...
Penal Code, 1860 (IPC)—Sections 326, 324, 323, 504—Applicants sought anticipatory bail concerning FIR No. 11192063240244/2024 registered at Vivekanand Police Station, Ahmedabad, for offenses under Sections 326, 324, 323, 504, 147, 148, 149, and 506(2) of IPC—The applicants' counsel argued their willingness to comply with conditions, despite their previous application being denied by the Sessions Court—The learned APP opposed the application, citing the applicants' active role in the offense and evidence placing them at the scene—The court considered the established legal principles, including prima facie case and necessity for custodial interrogation, as outlined in precedents such as Siddharam Satlingappa Mhetre vs. State of Maharashtra and Arnesh Kumar vs. State of Bihar—Given the doubts about...
Penal Code, 1860 (IPC)—Sections 147, 323—An anticipatory bail application after appearing during the investigation—Although not named in the First Information Report (FIR), the applicant sought bail similar to co-accused persons already granted bail—The court, considering the similarity to the co-accused, granted anticipatory bail with conditions to prevent interference with the investigation or trial—This decision aligns with Supreme Court judgments emphasizing equitable treatment in bail applications and ensuring the applicant's cooperation with legal proceedings while safeguarding against potential interference. ...
NBW Cancelled in the petition for Anticipatory bail—Prevention of Money Laundering Act, 2002, Sections 4, 19—NBW Cancelled in the petition for Anticipatory bail—Warrants were issued to the appellants as they did not appear before the Special Court after the service of summons—As held earlier, the appellants could have applied for cancellation of warrants issued against them as the warrants were issued only to secure their presence before the Special Court—Instead of applying for cancellation of warrants, the appellants applied for anticipatory bail—All of them were not arrested till the filing of the complaint and have co-operated in the investigation—Therefore, directed that the warrants issued against the appellants shall stand cancelled subject to the condition of the appellants giving undertak...
Prevention of Money Laundering Act, 2002—Sections 45 and 50—Anticipatory Bail—Grants interim bail to the petitioner, who faces charges under the Prevention of Money Laundering Act, citing humanitarian grounds due to his wife's impending surgery—Despite the presence of family members, the emotional and financial support of the petitioner is deemed necessary—However, the surgery's date is uncertain, necessitating fresh documentation—Once the surgery date is confirmed, the petitioner must apply to the trial court for interim bail, with strict conditions including a personal bond, mobile availability for communication with investigators, and a prohibition on leaving Delhi without court permission—The petitioner is barred from threatening or influencing witnesses, with any such behavior risking...
Penal Code, 1860 (IPC)—Sections 420 and 120B—Bail applications, stemming from FIR No. 120/2023, relate to alleged economic offences involving the accused operating fraudulent investment schemes through websites—Despite the seriousness of the allegations, the investigation against the petitioners is complete, and custodial interrogation is deemed unnecessary—Recognizing the presumption of innocence until proven guilty, bail is granted with stringent conditions to ensure the accused's presence, prevent tampering with evidence, and safeguard against flight—These conditions include regular court appearances, refraining from crypto currency transactions, and surrendering passports—The court reserves the right to revoke bail if conditions are breached—This ruling emphasizes the principle that bail i...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Gujarat High Court Denies Anticipatory Bail in Alleged Cooperative Society Fraud Case—- In a case involving alleged financial irregularities in a cooperative society, the Gujarat High Court dismissed an anticipatory bail application—The petitioner, part of the society's Managing Body, faced accusations of embezzlement and weakening the society's financial health—The court noted that the allegations, amounting to Rs. 54,22,620, implicated 23 individuals, and emphasized the seriousness of economic offences—Citing precedents, the court highlighted the importance of balancing personal liberty with societal interests, especially in economic crime cases—Despite arguments for bail, including voluntary deposits made by some co-accused, the court dee...
Penal Code, 1860 (IPC)—Section 306—Anticipatory bail—Petitions under Section 438 of the CrPC, grants anticipatory bail to the petitioners in connection with an FIR—Citing the absence of clear evidence linking the petitioners to the alleged suicide, the court emphasizes the need for proximate action by the accused to invoke Section 306 IPC—Relying on precedents and exercising discretion, the court imposes bail conditions, including cooperation with the investigation and appearance at the police station—It underscores that trial courts should independently evaluate evidence—The ruling provides insights into the interpretation of abetment of suicide and underscores the importance of evidence in such cases. ...
Penal Code, 1860 (IPC)—Sections 420, 467, 468—Anticipatory bail plea in a case involving fabrication of documents to secure loans from State Bank of India, citing the need for custodial interrogation to investigate organized crime effectively—The petitioner's cooperation and societal roots are acknowledged, but the State contends active involvement in causing significant financial loss—The court emphasizes balancing personal liberty with investigative agency rights, referencing pertinent legal precedents—Concluding that the case isn't suitable for anticipatory bail under Section 438 Cr.P.C., it suggests seeking regular bail under Section 439 Cr.P.C. without prejudicing the case's merits. ...
Criminal Procedure—Anticipatory Bail—IPC Sections 409, 420, 466, 467, 468, 471, 120B; Sections 7A & 8 of the Prevention of Corruption Act—Grant of anticipatory bail in scholarship scam case—In the present case, the applicant sought anticipatory bail in connection with offences under various provisions of the IPC and the Prevention of Corruption Act, 1988, relating to an alleged scholarship scam—A Special Investigation Team had been constituted following a High Court directive, leading to the registration of an FIR and filing of a charge sheet against the applicant and others—The applicant contended that he was falsely implicated, was not a recipient of the scholarship funds, had deposited Rs.75,000/- with the concerned department, and was not a flight risk—The State opposed the application but...
Penal Code, 1860 (IPC)—Sections 147, 323, 504—Arguments from both sides and considering the record, rejects an anticipatory bail application filed by the applicant in a case involving charges under various sections of the Indian Penal Code—The prosecution alleges that the applicant, along with others, assaulted family members of the informant—The applicant claims innocence, citing an alibi and cross FIRs—The learned counsel for the applicant argues that the applicant was falsely implicated and presents an alibi, stating the applicant's presence at work during the incident—However, the learned AGA opposes the bail, pointing out inconsistencies and a criminal history—The court cites Supreme Court precedents highlighting the distinct considerations for granting anticipatory bail versus regular ba...
Penal Code, 1860 (IPC) - Sections 120-B, 420—Anticipatory Bail—Allegation of Cheating in Property Sale—Claim of Government Ownership—Dispute Over Partition—Bail Granted with Conditions—Applicant Arun Agarwal sought anticipatory bail in Case Crime No. 15 of 2024 registered at P.S. Raiwala, Dehradun under Sections 120-B, 420, 427, 467, 468, and 471 IPC—The FIR alleged that the applicant sold a property to the informant with specific boundaries, but later the Government claimed ownership, resulting in dispossession of the informant, allegedly constituting cheating—The applicant contended that he had a share in the property and was its recorded tenure holder at the time of sale—The informant, present in court, admitted that the applicant had a share in the property but alleged that the app...
Anticipatory Bail—Code of Criminal Procedure, Section 438—Application for Anticipatory Bail—Offence about Gold by Goldsmith—Complainant and main accused Manish Soni were having good relation as a result of which the complainant handed over 150 grams of gold to the main accused Manish Soni and in return Manish Soni will provide him finished gold ornaments and jewellery—Even after the laps of substantial period of time Manish Soni didn't return the Gold of the complainant and later on Manish Soni has ran away from Durg district and subsequently the complainant got to know that Manish Soni has went to house of his brother-in-law present applicant at Kondagaon—Complainant went to Kondagaon and asks Manish Soni to return back his gold, thereafter, the present applicant gave assurance to the complainant, ...
Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—High Court dismissed the anticipatory bail petition filed under Section 438 of the Cr.P.C. by the petitioner, the prime accused in a case registered under Sections 8(c) and 20(b)(ii)(c) of the NDPS Act, 1985—The court found that custodial interrogation of the petitioner was necessary for a proper investigation due to his alleged involvement in purchasing and transporting a large quantity of ganja—Considering the seriousness of the offence and the principles governing the grant of anticipatory bail, the court concluded that there were no reasonable grounds to believe the petitioner's innocence or that he would not commit further offences if granted bail—The petition was thus dismissed, and any pending applications were closed. ...
Narcotic Drugs and Psychotropic Substances, Act, 1985—Sections 21, 29—Petitioner seeks anticipatory bail based on co-accused's disclosure—Citing precedents, court denies bail due to petitioner's habitual offender status and prior involvement in similar cases—Emphasizing custodial interrogation for recovery, court dismisses petition, stating bail not warranted—Antecedents outweigh bail provisions under Cr.PC. Conclusion aligns with precedents on habitual offenders and NDPS Act provisions. ...
Penal Code, 1860 (IPC)—Sections 376(2)(n)—Grants anticipatory bail to the petitioner under Section 438 of the Code of Criminal Procedure, 1973, in connection with an FIR registered at Kankanpur Police Station, Panchmahal—Considering the nature of allegations and the petitioner's role, the court exercises discretion in favor of the petitioner, observing that the allegations do not prima facie establish the serious offenses attributed to the petitioner—Citing relevant legal precedents, the court imposes conditions for the bail, including cooperation with the investigation, appearance at the police station, and refraining from influencing witnesses—The court emphasizes that its observations should not prejudice the trial court's decision—Breach of bail conditions will invite appropriate action. ...
Penal Code, 1860 (IPC)—Sections 406, 420,504 and 506—Anticipatory Bail—The anticipatory bail application pertains to a case involving allegations under Sections 406, 420, 504, and 506 of the Indian Penal Code—The applicant, accused in the case, sought anticipatory bail, arguing that the allegations against him were false and pertained to a breach of contract, which does not attract criminal liability—The court noted that the case prima facie appeared to be a matter of breach of contract, attracting civil liability rather than criminal liability—It observed that the offenses alleged carried a maximum punishment of seven years, and charge sheet had been filed without the applicant's arrest after service of notice under Section 41A of the Cr.P.C—Despite opposition from the state and the informant...
Cancelled Anticipatory Bail—Criminal Procedure Code, Section 439(2)—Indian Penal Code, 1860, Sections 354, 376, 389, 506 and 120-B—Information Technology Act, 2000, Section 67A—Order cancelled Anticipatory Bail is impugned—Appellant is co-accused in the offence of taking obscene, indecent, salacious, and offensive photographs of complainant lady, and other offences—Main accused is her son, already on bail— It is a matter of record that—Instant appellant again applied for anticipatory bail before the High Court which stood allowed vide order dated 12.06.2023—Complainant by filing an application under Sec 439(2), sought cancellation of such an order which stood allowed vide impugned order dated 20.09.2023 on the ground that the instant appellant had suppressed "material facts o...
Haryana Gauvansh Sarakshan and Gausamvardhan Act, 2015—13(3) and 13(1)—Bail—Anticipatory bail under Section 438 CrPC in response to FIR No. 276/2023 filed at Nagina Police Station, Haryana, under sections 13(3) and 13(1) of the Haryana Gauvansh Sarakshan and Gausamvardhan Act, 2015—Acknowledging the petitioner's concern regarding potential arrest, the court deliberated on the matter. The petitioner, through counsel, proposed stringent conditions for bail, including surrendering any firearms, restricting mobile phone usage to one number linked to Aadhar, and maintaining cooperation with the investigation—The state opposed bail citing the petitioner's criminal history. The court, citing legal precedents, emphasized the need for a balanced approach, considering each case individually—It h...
Anticipatory Bail—Criminal procedure Code, Section 438—Anticipatory Bail application by accused in Daain offence—Present appellant was not available for interrogation and investigation and declared as "absconder—It is a fact that even after coming to know about the proclamation under Section 82 Cr.PC., they did not take any steps to challenge the same or to enter appearance before the Trial Court to avert the consequences—Such conduct of the appellants in the light of the aforesaid circumstances, leaves us with no hesitation to hold that they are not entitled to seek the benefit of pre-arrest bail. (Para 25) ...
Penal Code, 1860 (IPC)—Sections 302, 201, 341, 323, 148 and 149—Murder—Anticipatory bail—Concerning the death of 'J', who drowned in a canal following a quarrel, the petitioner stands accused with varying conclusions from multiple investigations regarding their involvement—The central legal question revolves around granting anticipatory bail to the petitioner, facing charges under various IPC sections—Aged 70, the petitioner maintains their innocence, stating they were present solely to mediate the dispute and had no role in the alleged crime—Emphasizing the initial SIT report and medical evidence indicating death by drowning without injury, the petitioner seeks bail—The State opposes, stressing the need for interrogation, while the complainant argues against bail due to the petition...
(A) Penal Code, 1860—Sections, 498A, 323, 504, 506—Criminal Procedure Code, 1973—Section 438, 82 and 83—Anticipatory/Pre-arrest bail—After issuance of NBW—Held, the pendency of an application for anticipatory bail, without any interim protection, does not prevent the court from proceeding with actions such as issuing summons, arrest warrants, or proclamations u/s 82 of the CrPC—If such a contention is accepted, it could be misused as a means to evade arrest warrants and proclamations by repeatedly filing applications for anticipatory bail—It is clarified that the absence of an interim order does not bar the trial court from taking necessary steps for proclamation and proceeding under Section 83 of the CrPC in accordance with the law. (Para 23 and 24) (B) Criminal Procedure Code, 1973&mdas...
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 14A –Penal Code, 1860—Sections 306—Seeking anticipatory bail for the accused in connection with an FIR filed at Manjalpur Police Station—After considering the arguments from both sides and examining the record, the court granted anticipatory bail to the appellants—The decision was based on several factors, including the absence of prima facie evidence for the alleged offences, the circumstances surrounding the case, and assurances from the appellants' counsel regarding cooperation with the investigation—Additionally, the court referenced relevant judgments from the Supreme Court to support its decision—The bail was granted with specific conditions, including cooperation with the investigation, appearan...
Code of Criminal Procedure, 1973, Section 438—Companies Act, 2013—Sections 439(2), 436(1)(a), 436(1)(d), 436 (2), 212 (6) and Section 212(15)—Grant of Anticipatory Bail—The court grants anticipatory bail under Section 438 of the Cr.P.C—to the applicants facing allegations under the Companies Act, 2013, in a complaint by the SFIO—Despite objections, the court deems the applications maintainable, citing past rejections of bail in similar cases—It affirms the discretion to grant anticipatory bail, considering the seriousness of allegations, need for custodial interrogation, and personal circumstances—Anticipatory bail, a direction for release upon arrest for non-bailable offences, applies post-summons—Citing precedents, including Supreme Court and Delhi High Court decisions, the court con...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Rejection—Proclaimed Offender—Cheating and Forgery—Sections 420, 467, 468, 471 IPC—Suppression of Material Facts—Non-cooperation in Investigation—Bail Denied—The applicant sought anticipatory bail in a case involving allegations of forgery and manipulation of two ₹5 lakh cheques into ₹45 lakh each—The prosecution alleged non-cooperation by the applicant, who had absconded, resulting in issuance of non-bailable warrants (NBWs) on 21.08.2023 and proclamation under Section 82 CrPC on 20.09.2023—The applicant concealed this from the Sessions Court and obtained interim relief—The Court observed that anticipatory bail is not ordinarily granted to proclaimed offenders, relying on State of Haryana v. Dharam...
Code of Criminal Procedure, 1973, Section 438—Penal Code, 1860, Sections 197, 198, 420, 463, 465, 467 and 471, 302, 307, 365, 364, 120B and 201—Grant of anticipatory bail—The Court, after hearing arguments from both parties and examining the case diary, has decided to grant anticipatory bail to the applicant, Madhu Singh, without commenting on the merits of the case. The bail is granted in relation to Crime No.3 of 2024, registered at Police Station Kotwali District Guna (M.P.), for offenses punishable under Sections 197, 198, 420, 463, 465, 467, and 471 of the IPC—The conditions of the bail are as follows: The applicant must make herself available for investigation as directed by the investigating officer. The applicant shall not commit or be involved in any offense of a similar nature. The applicant ...
Criminal Procedure Code, 1973, Section 438—Narcotic Drug and Psychotropic Substances Act, 1985, sections 21, 27-A, 29, 60(3)—Pre-arrest bail—The case was initiated based on an FIR filed by A.S.I—Rontu Das on 16.10.2023—After reviewing the petition, documents, and the case diary with Mr—Baruah, the following principles were considered: Accusations made solely to injure or humiliate the applicant. Reasonable apprehension of witness tampering or threat to the complainant. Frivolity in prosecution and the genuineness of the allegations. The case diary revealed sufficient incriminating evidence against the applicant, who had been absconding since the offense and had a history of similar offenses. Given the ongoing investigation and the risk of repeating offenses or...
(A) Code of Criminal Procedure, 1973, Section 438—Indian Penal Code, 1860, Sections 376/506—Grant of anticipatory bail—Complainant—Affidavits for marriage—The court considers the prosecution's argument that the complainant produced affidavits during the investigation, allegedly obtained for the purpose of marriage—While acknowledging the legal principle that consent obtained through misrepresentation is invalid, the court emphasizes the need to assess consent based on surrounding circumstances and the duration of the parties' association. (B) Code of Criminal Procedure, 1973, Section 438—Indian Penal Code, 1860, Sections 376/506—Grant of anticipatory bail—Complainant—Affidavits for marriage—Petitioner is accused of engaging in a physical relat...
Criminal Procedure Code, 1973, Section 438(2)—Indian Penal Code, 1860, Section 420 or 406—Anticipatory Bail Granted in Civil Dispute—Fraudulent Intent Required for Criminal Offence—Civil dispute involving a breach of contract, the court emphasized that a mere breach doesn't constitute an offense under IPC Sections 420 or 406 unless a fraudulent or dishonest intention is evident from the outset—The court discouraged the use of criminal prosecution to settle purely civil matters and emphasized the need for criminal intent for an offense—Anticipatory bail was granted, stressing the importance of differentiating between civil and criminal aspects of disputes—This decision highlights the principle that contractual breaches, without an underlying criminal intent, should be addressed throug...
Code of Criminal Procedure, 1973, Section 439—Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Sections 3(1)(r), 3(1)(s), 3(2)(va)—Penal Code, 1860, Sections 500, 506(2), 114—Anticipatory bail—Delayed FIR—The appeal is allowed, granting anticipatory bail to the appellants in connection with a delayed FIR under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act—The court, without delving into detailed evidence, cites reasons for discretion favoring the appellants, including the delayed FIR, absence of casteist slurs, and lack of criminal antecedents—The appellants are directed to cooperate with the investigation, remain present at the Police Station on a specified date, not influence witnesses, and furnish their address—The court emphas...
Negotiable Instruments Act, 1881, Section 138—Penal Code, 1860, Section 406, 420/34—Anticipatory bail—Complainant—Dishonored cheques—The petitioner, accused of misappropriation, seeks anticipatory bail, contending the complainant received the invested amount—The petitioner justifies opening a new bank account due to a partnership business closure and disputes misappropriation claims—The complainant alleges a misappropriation of Rs—81,14,687, supported by dishonored cheques—The court rejects anticipatory bail, considering the Section 82 Cr.P.C—process issued and the overall circumstances. (Para 7, 14 & 23) ...
Criminal Procedure Code, 1973, Section 170, 173—Penal Code, 1860, Sections 420, 406 and 506—Claims false implication, citing a cheque payment related to a sale-deed—The court notes discrepancies but emphasizes the applicant's non-arrest during investigation—Referring to Supreme Court directives in various cases, it underscores personal liberty, distinguishing between powers and justifications for arrest—Noting a cheque issued post-sale-deed execution, it emphasizes the absence of arrest during the investigation, warranting the grant of anticipatory bail—The applicant is directed to file a regular bail application within 20 days, to be disposed of expeditiously by the trial court, adhering to Supreme Court guidelines. Directions for Criminal Courts: (i) Whenever officer-in-charge of police...
Code of Criminal Procedure, 1973, Section 438—Prevention of Money Laundering Act, 2002—Section 3 and 4—Grant of Anticipatory Bail—The petitioner seeks anticipatory bail in a money laundering case, challenging ED's allegations of involvement in an illicit fund remittance scheme—The petitioner denies participation, claiming coerced statements from co-conspirators and physical assault during questioning—The ED asserts the petitioner's central role, citing fingerprints on forged documents and prolonged evasion of questioning—The Delhi High Court, considering factors like the petitioner's health, co-accused statements under PMLA section 50, evidentiary value, absence of criminal activity, and the petitioner's condition, grants anticipatory bail—The court is likely to scrutinize pr...
Cr.P.C. Section 439—Penal Code, 1860—Sections 384, 406, 420, 465, 467, 468, 471, and 120-B—Seeks regular bail—Alleged fraud, forgery, and extortion related to appointments and meetings in PACL Limited—The complaint accuses him of conspiring with in-laws to manipulate an Extraordinary General Meeting, appointing directors fraudulently, and extorting money—The FIR includes charges under Sections 384, 406, 420, 465, 467, 468, 471, and 120-B IPC—The court notes that the petitioner is not directly named in the complaint and cites concerns about jurisdiction—Considering the petitioner's custody since April 2023 and the ongoing trial, the court grants bail, emphasizing that bail denial should be an exception in economic offenses—The petitioner must abide by certain conditions, inclu...
Cr.P.C, Section 438—Penal Code, 1860—Sections 406 and 420—Seek anticipatory bail in a case involving allegations of misappropriation and cheating in the supply of milled rice—The FIR, dated 27.01.2020, claims a deficiency of 1113.06 metric tonnes, causing a loss of Rs. 3.85 crores to the Food and Supply Department—The petitioners argue that an arbitration clause in the agreement renders criminal proceedings improper, emphasizing recovery efforts and cooperation with the investigation—The court observes that the petitioners have deposited a substantial amount, joined the investigation, and attached their land—It rules in favor of the petitioners, highlighting the absence of a Section 41A notice and the lack of justification for arrest after three years from the FIR—The court grants anticipato...
Penal Code, 1860— Sections 409, 420, 467, 468, 471 and 120B—Anticipatory bail in relation to FIR No. 966/2022 registered at Police Station Sadar Karnal, District Karnal— he FIR alleged fraudulent paddy procurement involving fake gate-passes and illegal gratification—The petitioners, employed in the Food and Supplies Department, contended their innocence and claimed exoneration in departmental proceedings—The court noted serious allegations, including bogus procurement and fake documentation, with the petitioners' active complicity—Citing Supreme Court precedent, it emphasized the importance of considering a prima facie case before granting anticipatory bail—The court deemed custodial interrogation necessary for unraveling the conspiracy and denied pre-arrest bail. ...
(A) Criminal Procedure Code (CrPC) Section 438—Grant of anticipatory bail to the accused-husband and his family in a allegations of dowry harassment and other offenses under Sections 498A, 406, and 323 of the Indian Penal Code (IPC). The complainant-wife filed a First Information Report (FIR) in Chirawa Police Station, Rajasthan, even though the matrimonial home was in Bengaluru. The accused-husband sought anticipatory bail in Bengaluru, which was granted by the Additional City Civil and Sessions Judge. The key issues for consideration include: Territorial Jurisdiction for Anticipatory Bail: Whether the power to grant anticipatory bail under Section 438 of the CrPC can be exercised by a High Court or Court of Session concerning an FIR registered outside its territorial jurisdiction. Transit Anticipatory B...
Penal Code, 1860 (IPC) Sections 409 and 420 r/w Section 34—Anticipatory bail applications were filed by multiple accused. The allegations relate to misappropriation of a significant sum from fixed deposits in a cooperative society. The court, after considering arguments, rejected the bail applications, emphasizing the seriousness of economic offenses, the need for custodial interrogation to unravel financial trails, and the potential hindrance to a thorough investigation if anticipatory bail were granted. The court cited relevant legal principles and dismissed the applications. ...
Indian Penal Code, 1860—Sections 419, 420, 465, 467, 468, 471 and 114—Criminal Procedure Code, 1973—Section 438—Applicant seeks anticipatory bail for offenses under IPC Sections 419, 420, 465, 467, 468, 471, and 114. The court notes the 2014 offense, applicant's 7-year absconding, and involvement in forging documents for a competitive exam. Emphasizing the need for custodial interrogation, it cites societal interest and balanced rights. Referring to precedents, the court rejects anticipatory bail, citing the delicate balance between individual rights and justice. The decision prioritizes investigation integrity and societal concerns over the applicant's liberty. The application is dismissed, and the rule discharged under Section 438 of the CrPC. ...
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989—Sections 14-A, 19, 3(1) (w)(ii) and 3(2)(v)—Penal Code, 1860 (IPC)—Sections 343, 376, 376(2)(n), 376(D), 147, 148, 149, 294, 436, 454 and 506—Criminal Procedure Code, 1973 (CrPC)—Sections 438, 41 and 164—Grant anticipatory bail—Seeking interim protection, which is dismissed as withdrawn. The appeal involves anticipatory bail under SC/ST Act for appellants facing charges including rape. Appellant No.8 Suresh's appeal is withdrawn and dismissed. The appellants claim innocence, citing age and disability. The court rejects anticipatory bail, noting the seriousness of charges, corroborated statements, and the SC/ST Act's bar on such bail. Compliance with a recent Supreme Court judgment on Section 41 of Cr.P.C. is directed....
Criminal Procedure Code, 1973—Section 438—Penal Code, 1860—Sections 409 and 420—Anticipatory bail— Cheating and criminal breach of trust—The case revolves around an alleged non-execution of a sale deed for a commercial plot of land purchased in 2014. The applicants claim that the dispute is primarily of a civil nature, and the informant had previously filed multiple FIRs against them. The court noted that the charge-sheets had already been filed, and there was no need for the applicants' custodial interrogation. As such, the court granted anticipatory bail to the applicants, allowing them to remain out of custody during the trial. ...
Penal Code, 1860 (IPC) Sections 409, 420, 504, 506, 467, 468, 471 & 120-B—Anticipatory bail—F.I.R. lodged—Agreement to purchase—Stipulated period —Bank took over possession—alleged non-completion of construction and non-payment of penalties for a real estate project—The court noted that the dispute seemed to be of a civil nature and highlighted issues with stamp duty evasion—It also referenced other similar cases referred to mediation—Consequently, the court granted anticipatory bail to the applicant, subject to specific conditions, allowing for release upon personal bond and sureties—The conditions included attending court hearings, refraining from interfering with witnesses or evidence, and not intimidating the prosecution's witnesses. ...
Criminal Procedure Code, 1973 (CrPC)Section 438, 164—Penal Code, 1860 (IPC) Sections 354, 506, 376—Information Technology Act, 2000—Section 67A—Anticipatory bail—Allegations of filming and threatening a victim with explicit content—The applicant, a government college Lab Assistant, claims he is falsely implicated and cites a prior compromise between parties after an altercation—The victim supports the prosecution's version in her statement under Section 164 Cr.P.C. However, considering the nature of the accusations and the applicant's antecedents, the court grants him anticipatory bail, emphasizing compliance with conditions including cooperation with the investigation, not influencing witnesses, and surrendering his passport—The court also warns against misuse of bail—If ...
Penal Code, 1860 (IPC) - Sections 304-A, 420, 308, 316 and 120-B—Criminal Procedure Code, 1973 (CrPC) - Section 438—Anticipatory bail—Petitioner sought anticipatory bail in a case involving charges under various sections of the Indian Penal Code, including causing death by negligence. The case pertained to the death of a fetus in the womb due to alleged negligence by a doctor who was not present in the hospital during the delivery. The doctor was found to be negligent in the discharge of her duties during an inquiry conducted under the instructions of the Chief Medical and Health Officer (CMHO) of Gwalior. The court declined to grant anticipatory bail to the petitioner in this case. ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Indian Penal Code—Sections—294(b), 506(2), 313, 315, 316 and 114—Dowry Prohibition Act, Section 4—Granted anticipatory bail—Argued that custodial interrogation was unnecessary, as the alleged incident occurred in 2019, and medical reports indicated issues with the fetus development. The court considered these factors, the applicant's willingness to cooperate, and the law laid down by the Supreme Court. It granted anticipatory bail, imposing various conditions, including cooperation with the investigation, non-interference with witnesses, and providing contact details. The court allowed for a police remand if necessary and cautioned against influencing the trial court. ...
(A) Criminal Procedure Code, 1973 (CrPC)—Section 438—Indian Penal Code—Sections 143/341/342/386/325/307—Juvenile Justice (Care and Protection of Children) Act, 2015, Sections 10 and 12—Anticipatory bail—Assaulted—Filed by a juvenile named Sri Dasarath Ray, represented by his father—The petitioner was accused in a case registered under various sections of the Indian Penal Code for his alleged involvement in a violent incident—The petitioner's counsel argued that the petitioner was innocent and merely a bystander who informed local authorities about the incident. (B) Criminal Procedure Code, 1973 (CrPC)—Section 438—Indian Penal Code—Sections 143/341/342/386/325/307—Juvenile Justice (Care and Protection of Children) Act, 2015, Sectio...
Granted anticipatory bail with a condition to deposit Rs. 9,00,000 as ad interim victim compensation—The Supreme Court has now deleted the compensation condition but upheld the grant of anticipatory bail—The appellant will pay Rs. 10,000 per month to the informant, starting from September 1, 2023, instead of the earlier maintenance amount of Rs. 4,000. Any modifications to the maintenance amount will be decided by the trial or appellate court—The appeal is allowed in these terms, and pending applications are disposed of. ...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 SCST— Section 3(1)(w) (ii), Section 3(2)(v), Section 14(A)(2)—Penal Code, 1860 (IPC)—Section 366, Section 376 (2)(n)—Criminal Procedure Code, 1973 (CrPC)—Section 161, Section 164, Section 438(2)—Anticipatory bail—Prosecutrix, a major, willingly accompanied the appellant—Given the circumstances, the court granted anticipatory bail—Setting aside the lower court's order—Appellant must furnish a personal bond of Rs. 1,00,000 and cooperate with the investigation—No impact on lower court proceedings. ...
Negotiable Instruments Act, 1881—Section 138—Code Of Criminal Procedure, 1973—Section 438, Section 446—Anticipatory bail—Petitioner's earlier application for anticipatory bail had been dismissed, but he had been directed to surrender within 15 days for an expedited bail hearing—Petitioner, now aware of this order, expressed readiness to surrender within 15 days—Court permitted this and directed that if the petitioner applied for regular bail upon surrender, the trial court should expedite the hearing, ideally within three working days—Petition was partially allowed. ...
Penal Code, 1860 (IPC) Sections, 120B, 354, 302 read with 34—Indian Arms Act, 1959, Sections 3 read with 25 and 4 read with 27—Criminal Procedure Code, 1973 (CrPC), Section 438—Anticipatory Bail serious charges, including murder and conspiracy—The first informant reported that the deceased was killed by the accused, with allegations of grudges and black magic practices—Applicant proclaimed offender, prosecution argued against granting pre-arrest bail due to the seriousness of the charges and the nature of the accused's involvement—The court considered various legal precedents and ultimately rejected the applicant's request for Anticipatory Bail, citing the gravity of the offenses, , ...
Code of Criminal Procedure, 1973, Section 438—Dowry Prohibition Act, Section 3 and 4—Indian Penal Code, Sections 493 and 506, 420/376—Anticipatory bail—Petitioner, a BSF constable, was accused of establishing a physical relationship with the informant on false marriage promises—The court granted anticipatory bail, citing the consensual nature of the relationship and the absence of evidence of a false promise to marry at the inception. ...
Code Of Criminal Procedure, 1973 — Section 41A, Section 438—Indian Penal Code, 1860 — Section 34, Section 120B, Section 188, Section 379—Received notice—Apprehending arrest, the petitioner sought Anticipatory Bail—Full Bench of the Court had recently granted pre-arrest bail to similarly situated individuals—Prosecutor did not oppose the petitioner's request—Accordingly, the petitioner was granted pre-arrest bail on certain conditions, including not absconding, ...
Anticipatory bail—Indian Penal Code, 1860—Sections 498-A, 323, 504, and 506—Dowry Prohibition Act, 1961—Sections 3 and 4—Code of Criminal Procedure, 1973—Section 438—Anticipatory bail—Application for—Dismissed by Sessions Judge—High Court without adverting pending anticipatory bail was rejected—High Court went on to direct appellant to surrender before competent Court and seek regular bail—Appeal against—Determination of—Once charge-sheet was filed and there was no impediment, at least on part of accused, Court having regard to nature of offences, allegations and maximum sentence of offences they were likely to carry, ought to have granted bail as a matter of course—High Court fell into error in adopting such a casual manner—Impugned order set ...
(A) Anticipatory bail—Code of Criminal Procedure, 1973—Section 438—Factors and parameters—Can be taken into consideration—While dealing with anticipatory bail—Nature and gravity of accusation and exact rule of accused must be properly comprehend before arrest is made—Antecedents of applicable including fact as to whether accused has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence—Possibility of applicant to flew from justice—Possibility of accused's likelihood to respect similar or other offences—Where accusations have been made only with object of injuring or humiliating applicant by arresting him or her—Impact of grant of anticipatory bail, particularly in cases of large magnitude effecting a very large number of people&...
Protection from arrest—Code of Criminal Procedure, 1973—Section 438—Indian Penal Code, 1860—Section 420—Cheating—Recovery of money—FIR—Appellant seeking an order under Section 438, CrPC—Presiding Officer granted interim protection from arrest to appellant—Subject to his co-operating with investigating agency—Upon being informed by I.O. that no agreement was executed by and between appellant and complainants—Application dismissed—High Court by common order granted bail to appellant and builder—Subject to certain conditions—Appellant aggrieved by condition before Supreme Court—Seeking revocation of same while urging that part of order be maintained—Legality—Determination of—High Court fell in grave error in proceeding on basis o...
Criminal Procedure Code, 1973—Section 438—Juvenile Justice Act, 2015—Section 1(4), 14 and 15— Anticipatory bail to juvenile conflict with law—Entitlement of—Held, a child in conflict with law cannot be left to be remedy—less till the time of his apprehension by the concerned authority or arrest—There is no provision in Section 1 and Section 4 or elsewhere in the Act 2015 making Section 438 Cr.P.C. inapplicable for offences punishable under the J.J. Act 2015—There is no bar for grant of anticipatory bail to a child in conflict with law or a juvenile, although Section 1(4) of the Act 2015 begins with a non-obstante clause—A child enjoys equal rights with other persons—Therefore, it would be in violation of all the principles and provisions to deny an opportunity to exercise r...
CrPC—Section. 439—Anticipatory Bail—granted bail—Similar role—Petitioner has been in jail for last about 1 year 8 months —Ten co—Accused have been granted bail by the High Court through various orders—Cash amount of higher value has been recovered from the main accused, who was granted bail by the High Court in the very same case—Held, Appropriate to consider parity bail for the petitioner....
Indian Penal Code—Sections 376, 328, 506 and 323— Code of Criminal Procedure—Section 439—Bail—Anticipatory Bail—Petitioner was granted limited anticipatory bail for a period of 45 days by the High Court—Instead of challenging the order on time, petitioner started absconding from the Trial Court’s proceedings—Consequently, non-bailable warrants were issued against the petitioner by CJM—Petitioner has thereafter been appearing before the Trial Court regularly—Investigation is already complete and the charge-sheet has been filed—Held, Interim bail granted to the petitioner is made absolute, subject to the condition that he shall remain present before the Trial Court on every date of hearing....
Anticipatory Bail—Dowry Prohibition Act, 1961, Sections 3 and 4—Indian Penal Code, 1860—Sections 498-A and 304-B—Code of Criminal Procedure, 1973—Sections 438, 82 and 83—Cruelty—Demand of Rs. 60 lakhs and a car as dowry—Abortion of fetus—Deceased was beaten by applicant—Anticipatory bail application—Filed by applicant—Prayer to enlarge him on anticipatory bail—Legality of—Applicant has no criminal antecedents to his credit—There were discord in family as deceased person was living at her parental home for a substantial period of time as said abortion is even stated to have taken place at her parental home—Scope of granting relief under Section 438 vis-a-vis a person who was declared as an absconder or proclaimed offender in terms of Section 82 ...
Criminal Procedure Code, 1973—Section 438—Court of Telangana granted an ad interim stay of arrest to the first respondent and directed that the examination before the CBI be conducted in a printed/written form with a questionnaire—Supreme Court found these directions to be unwarranted and prejudicial to the investigation—Court allowed the appeal, setting aside the High Court's order, and extended the time for CBI's investigation until June 30, 2023 ...
Criminal Procedure Code, 1973, S.438—Penal Code, 1860, S.406, S.420, S.467, S.468, S.471—Quashing of Bail Cancellation and Regrant of Anticipatory Bail—Non-compliance with NCLT Orders Not Valid Ground—Anticipatory Bail uashing of Cancellation—Interpretation of Bail Conditions—Jurisdiction of Criminal Courts vis-à-vis NCLT Orders—Which had cancelled anticipatory bail previously granted on 16.03.2022 in Case Crime No. 0574 of 2019 under Sections 406, 420, 467, 468, 471 IPC—The Sessions Judge had cited alleged non-compliance with Conditions No. 6 and 8, particularly non-adherence to NCLT orders—The High Court held that a criminal court cannot act as an executing court for orders passed by the NCLT, which is competent to enforce its own directions—Referring to judgments includ...
Bail — Anticipatory bail — Code of Criminal Procedure, 1973 — Sections 41A, 438 — Prevention of Corruption Act, 1988 — Sections 7, 13(1), 13(2) — Constitution of India — Art. 21 — Tax Department initiated search and seizure action against the complainant’s company — Respondent- Additional Commissioner of Income Tax was handling the case of the complainant — Allegation against the respondent that he made a demand of illegal gratification to help the complainant with his case — The said conversation of demand between the complainant and the respondent was recorded in a digital voice recorder — A trap was then laid — Respondent had asked to deposit an amount in a firm’s account — Complainant’s employee was sent to the firm with the bribe amo...
Penal Code, 1860 (IPC) - Section 114, Section 504, Section 506(2), Section 509...
Juvenile Justice (Care and Protection of Children) Act, 2015—Section 82 — Criminal Procedure Code, 1973 (CrPC)—Section 438 — Penal Code, 1860 (IPC)—Section 323 ...
Constitution of India, 1950 - Article 21—Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail—Allegations of Bribery—Circumstantial Evidence—Direct evidence linking the petitioner (Accused No.1), a sitting MLA and Chairman of KSDL, to the demand or acceptance of a bribe is limited—A sum of Rs.6.10 crore was seized from the house of Accused No.2, the petitioner's son, with no clear proof connecting the petitioner to the bribe—Petitioner contends that his arrest would harm his reputation, and custodial interrogation is unnecessary—The respondent-Lokayukta opposes anticipatory bail, citing potential tampering of evidence and hindrance to the investigation—The Court, while considering the gravity of allegations, noted the petitioner's cooperation and interim ant...
Anticipatory bail—Indian Penal Code, 1860—Sections 420, 467, 468 and 471—Prevention of Corruption Act, 1988—Section 13 (2) read with Section 13 (1) (d) —Offence under—FIR registered at instance of Corporation Bank—None of accused was ever taken into custody by respondent-CBI—CBI filed final report—After completion of investigation—Special Court summoned accused—Appellants moved applications for anticipatory bail—Rejected—Confirmed by High Court—Appellants before Supreme Court—Determination of—Admittedly, CBI did not require custodial interrogation of appellants—During period of investigation—Supreme Court was of considered view that appellants are entitled to be released on bail—In event of Court choose to remand them to custo...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Prevention of Money Laundering Act, 2002—Sections 3 and 45—Directorate of Enforcement appealed against the grant of anticipatory bail to respondent No. 1 in a money laundering case—The High Court had erroneously believed that Section 45 of the Prevention of Money Laundering Act, 2002, did not apply to anticipatory bail under Section 438 of the Cr.PC—The Supreme Court corrected this error and found that Section 45 did indeed apply—Additionally, the High Court had not adequately considered the seriousness of the money laundering charges—Therefore, the Supreme Court quashed the anticipatory bail and left it to be decided in accordance with the law. ...
Supreme Court clarified that interim victim compensation cannot be imposed as a condition for anticipatory bail—The Court referred to previous judgments emphasizing that bail should not be dependent on a person's ability to pay—The imposition of victim compensation as a condition for bail was found to be inappropriate, and such compensation should only be determined after the conclusion of the trial—The Court set aside the condition imposed on anticipatory bail while upholding the grant of bail itself. ...
Criminal Procedure Code, 1973—Section 438—Anticipatory bail—Whether interim victim compensation can be imposed as a condition—The victim compensation is simultaneous with the final view taken in respect of the alleged offence, i.e., whether it was so committed or not—There is no question of any imposition pre-finality of the matter pre-trial—Such a compensation can hardly be determined at the stage of grant of bail—Not being appreciative of such judicial misadventure—The appeal is accordingly allowed leaving parties to bear their own costs.(Para 10 to 12)...
Dowry Prohibition Act, 1961—Section 3, Section 4—Anticipatory Bail Granted—Allegations under Sections 498A, 302, 304B read with Section 34 of the IPC, and Sections 3 and 4 of the Dowry Prohibition Act, the petitioner (accused No.2) sought anticipatory bail—The petitioner, sister of the primary accused, was accused of treating the deceased with cruelty and demanding dowry—The defense argued that the petitioner was falsely implicated, did not require custodial interrogation, and was willing to comply with conditions—The prosecution opposed, citing the seriousness of the allegations and the petitioner's absconding—The court noted that the primary responsibility for the deceased's death was attributed to accused No.1, and the allegations against the petitioner did not necessitate custodial int...
Dowry Prohibition Act, 1961—Section 3, Section 4—Penal Code, 1860 (IPC)—Section 307, Section 498A, Section 504—The applicants sought anticipatory bail in FIR No. 207 of 2022, registered under Sections 307, 323, 376, 498-A, 504, 506 IPC, and Sections 3 and 4 of the Dowry Prohibition Act, 1961, at Police Station Dineshpur, District Udham Singh Nagar—The FIR alleged harassment, dowry demands, sexual exploitation, and unnatural carnal intercourse inflicted upon the informant by her husband Vikramjeet Singh Dhariwal and other in-laws following her marriage on 17.10.2019—The applicants contended that the allegations were false and referred to a prior distinct complaint by the informant, supported by reports from the Mahila Ayog and Bal Helpline Rudrapur—The Court directed the State to file objections an...
Penal Code, 1860 (IPC)—Section 384, Section 506—The applicant sought anticipatory bail in connection with FIR No. 397 of 2022, registered under Sections 384 and 506 IPC at Police Station Kotwali Kankhal, District Haridwar—The FIR alleged threats to members of the Panchayati Akhada Bada Udaseen, including an incident on 23.11.2022 where masked individuals threatened the informant near the Ganges—The applicant was alleged to be involved in these threats—The applicant’s counsel argued that his role was similar to that of co-accused Mahant Vanshi Das, who had already been granted anticipatory bail, and that custodial interrogation was unnecessary—The State did not oppose the bail application, acknowledging the parity in roles between the applicant and the co-accused—Considering the facts, the Co...
Prevention of Cruelty To Animals Act, 1960—Section 11—The applicant sought anticipatory bail in connection with FIR No. 12 of 2023, registered under Section 11 of the Prevention of Cruelty to Animals Act, 1960 and Sections 3/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 at Police Station Jhabreda, District Haridwar—After hearing both parties and perusing the material on record, the Court found the case fit for granting anticipatory bail—The Court observed that custodial interrogation was not warranted at this stage and the applicant was entitled to protection from arrest—The anticipatory bail application was accordingly allowed—The applicant was directed to be released on anticipatory bail upon furnishing a personal bond and two sureties of like amount to the satisfaction of the concerned co...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Sections 379, 411 IPC and Sections 86, 87 Karnataka Forest Act—Proclaimed Offenders—Petitioners sought anticipatory bail in connection with a 1993 case involving theft and illegal transport of sandalwood, where they were later named as accused during the investigation—Petitioners contended that the proceedings under Sections 82 and 83 CrPC were not properly followed, and they were unaware of their involvement until recently—The Court noted that the petitioners had been absconding since 1995, were proclaimed offenders, and failed to present evidence to challenge the legality of the proclamation—The Court held that the prolonged abscondence and seriousness of the allegations, including evasion of arrest, did not warrant anticipa...
Penal Code, 1860 (IPC)—Section 34, Section 406—Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail—Grant of Bail in Land Grabbing Case—Petitioner (Accused No. 21) sought anticipatory bail for alleged involvement in forging revenue records and illegally mutating government land in the names of his mother and sister—Prosecution alleged payment of ₹3,50,000 to accused No. 2 for the illegal transaction, while the petitioner claimed that ₹2,00,000 was paid as brokerage for a real estate deal—Court noted inconsistencies in the prosecution's evidence, especially the unexplained inclusion of the petitioner as accused after multiple remand applications—Further, the petitioner had produced prima facie evidence supporting his claim—Given that the investigation was bas...
Anticipatory bail—Cheating in land transactions, where there are no allegations of the accused's participation in the investigation and custodial interrogation is not deemed necessary at this stage, the anticipatory bail petition has been allowed—However, if the accused individuals fail to cooperate with the investigating agency in the future, the state has the option to apply for the cancellation of their bail before the Trial Court. ...
Anticipatory bail—Cheating in land related transactions—There is no allegation as regards their participation in investigation—Custodial interrogation would not be necessary at this stage - Anticipatory bail petition allowed - In the event the appellants refuse to cooperate with the investigating agency at any subsequent stage, it shall be open to the State to apply for cancellation of the bail before the Trial Court. ...
Anticipatory Bail—Code of Criminal Procedure, 1973—Section 438—Indian Penal Code, 1860—Sections 120-B, 167, 218, 330, 195, 348, 365, 477-A and 506—Offences under—Anticipatory bail—Application for—Allowed by High Court to respondents—Appeal against—Filed by appellant—Determination of—Anticipatory bail period was restricted to 60 days only and thereafter he approached High Court by way of criminal application—By impugned judgment and order High Court granted anticipatory bail application—Impugned judgments and orders are subject matter of present appeals at behest of CBI—High Court has not appreciated at all that FIR was lodge pursuant to liberty reserved by Supreme Court in judgment and order passed in the year 2021—On the basis of recommendatio...
Criminal Procedure Code, 1973—Section 438—Protection of Children under Sexual Offences Act, 2012—Section 7, 8, 9 and 11—Penal Code, 1860—Sections 354A(1)(i),(ii) & (iv), 354 A-(2) and 354-A(3)—Anticipatory bail—Grant of—Custodial interrogation can be one of grounds to decline anticipatory bail—If custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail—In a case containing such serious allegations, High Court ought not to have exercised its jurisdiction in granting protection against arrest, as Investigating Officer deserves free-hand to take investigation to its logical conclusion—There may be many cases in which custodial interrogation of accused may not be required, but that does not mean that prima facie case ...
Dowry Prohibition Act, 1961—Section 3, Section 4—Criminal Procedure Code, 1973 (CrPC)—Section 438—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 3—Anticipatory Bail—Allegations of Ill-treatment and Abuse—Apprehension of Arrest: The appellant/accused No.1 challenged the rejection of his anticipatory bail plea concerning offenses under IPC Sections 498A, 323, 504, 506, and SC & ST (POA) Act—The complainant alleged ill-treatment and caste-based abuse post-marriage—However, the court found no prima facie evidence against the appellant under the SC & ST (POA) Act, as allegations of caste abuse were directed at other accused—Considering that the offenses were not punishable with death or life imprisonment, the court set aside the Sessio...
Criminal Procedure Code, 1973 (CrPC)—Section 107—The applicants sought anticipatory bail in FIR No. 0159 of 2022, registered under Section 306 IPC at P.S. Banbhoolpura, District Nainital—The FIR alleged that Anjali Bahuguna harassed her in-laws and falsely accused her father-in-law, H.R. Bahuguna, of molesting her daughter, leading him to commit suicide—The applicants contended that a valid molestation FIR under POCSO Act and Section 354 IPC had been lodged against the deceased on 23.05.2022, supported by a video testimony of the victim—Conversely, the informant argued the molestation charge was fabricated to seize property, and a transcript indicated the child had been pressured to make false statements—The Court noted conflicting evidence from both sides regarding the molestation claim, and emphasized...
A. Food Safety and Standards Act, 2006—Sample Analysis—Inconsistent Laboratory Reports—Initial analysis declared the product conforming to standards, second report termed it “substandard,” and a third analysis found it “unsafe” due to excess melamine content—Conflicting findings raise serious concerns about the reliability of the analytical process and weaken the prosecution's case. (Paras 2, 10) B. Food Safety and Standards Act, 2006—Sample Integrity—Tampering Allegations—Applicant alleged tampering of samples, citing variations in color and labeling between different lab reports—Indications of compromised chain of custody cast doubt on the authenticity of the evidence relied upon for prosecution. (Paras 4, 10) C. Food Safety and Standards Act, 2006—P...
Code of Criminal Procedure, 1973 (CrPC)—Section 438—Anticipatory Bail—Indian Penal Code, 1860 (IPC)—Sections 143, 148, 448, 307, 354, 323 read with Section 149—Grant of Anticipatory Bail—The petitioners sought anticipatory bail under Section 438 CrPC in a case registered under various IPC sections, including Section 307, for allegedly assaulting the complainant and outraging the modesty of a woman—The petitioners argued that they were falsely implicated and highlighted contradictions in the statements—The court noted that the complainant was discharged from the hospital and out of danger, and most alleged offenses were bailable except Section 307—As the petitioners were relatives of the complainant’s aunt and their presence was not required for further investigation, the court gr...
Criminal Procedure Code, 1973 (Cr.P.C.)—Section 438—Anticipatory Bail—Indian Penal Code, 1860 (IPC)—Sections 419, 420—Allegation of impersonation and cheating—The petitioner sought anticipatory bail in a case registered under Sections 419 and 420 of IPC, alleging impersonation to obtain a General Power of Attorney (GPA) and subsequent fraudulent registration of property—The petitioner argued innocence, contending that the executor's photo was present on the GPA and denying impersonation—The prosecution opposed bail, citing potential interference with the investigation—The court held that the matter involved factual investigation and the offenses were not punishable with death or life imprisonment—Observing that stringent conditions could mitigate the prosecution's concern...
Criminal Procedure Code, 1973 (Cr.P.C.)—Section 438—Anticipatory Bail—Indian Penal Code, 1860 (IPC)—Sections 143, 147, 148, 302, 307, 323 read with Section 149—Granted: The petitioner (accused No.20) sought anticipatory bail in connection with an offense registered under multiple IPC sections, including murder and unlawful assembly—The prosecution alleged his presence at the crime scene during the quarrel leading to the death of the deceased—The petitioner, a senior citizen (aged 76) suffering from serious health issues, argued the absence of any direct overt act of assault against him—The Court, noting his age, medical condition, and the absence of direct allegations, granted anticipatory bail with stringent conditions to prevent any interference with the investigation, including restrictio...
Criminal Procedure Code, 1973 (Cr.P.C)—Section 438—Anticipatory Bail—Dowry Harassment, Attempt to Murder—Granted with Conditions—In this case, the petitioners sought anticipatory bail under Section 438 of Cr.P.C. for offenses under IPC Sections 498-A, 323, 504, 307, 114, and 506 read with Section 34, and Sections 3 and 4 of the Dowry Prohibition Act—The prosecution alleged physical and mental harassment by the husband and mother-in-law, including an attempt to murder—The petitioners argued that the complaint was filed after a related civil dispute and claimed the allegations were fabricated—The court, after noting the nature of the injuries (simple tenderness) and considering the pending matrimonial disputes, granted anticipatory bail—Conditions included a personal bond, cooperation wi...
Criminal Procedure Code, 1973 (CrPC) — Section 438—Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 17, Section 27A, Section 85 — granted pre-arrest bail to respondents in cases related to the NDPS Act based on the absence of recovery and reliance on a Supreme Court judgment. However, the State argued that this led to the release of the main accused who later jumped bail. The Supreme Court allowed the appeals, setting aside the High Court's orders and stating that anticipatory bail in such cases is not warranted. ...
Civil Procedure Code, 1908 (CPC) — Order 1 Rule 10—Criminal Procedure Code, 1973 (CrPC)—Section 438 —The appeals challenge the High Court's orders related to anticipatory bail. The Supreme Court found that the High Court exceeded its jurisdiction by inquiring into unrelated matters and issuing directions to third parties. Such actions are impermissible in anticipatory bail proceedings. The observations made by the High Court regarding these unrelated matters are set aside, without expressing any opinion on their correctness. The appeals are disposed of accordingly. ...
Criminal Procedure Code, 1973—Section 438—Penal Code, 1860—Section 420, 467, 468, 471 and 419—Successive/Second Anticipatory Bail Application—Maintainability of—Held, on the fresh grounds, the second anticipatory bail may be considered—Apex Court in the judgment of Sushila Aggarwal v/s NCT of Delhi, 2020 AIR (SC) 832, particularly in para 57 of the judgment, it has been clarified that Section 438 Cr.P.C. encapsulates Article 21 of the Constitution. ...
Criminal Procedure Code, 1973 (Cr.P.C.)—Section 438—Anticipatory Bail—Offenses under Sections 323, 324, 498-A, and 313 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961—The petitioners sought anticipatory bail for alleged dowry harassment, assault, and forced termination of pregnancy—The complainant claimed harassment and demands for Rs. 2 lakhs, including assault by her husband and in-laws—The petitioners argued that the case was false and delayed by one month—The Court observed the delay in lodging the complaint and noted that the offenses were not punishable with death or life imprisonment—Considering the circumstances, the Court granted anticipatory bail, imposing conditions to ensure cooperation with the investigation and prevent tampering with evidence, including a personal b...
Criminal Procedure Code, 1973 (Cr.P.C.)—Section 439(2)—Anticipatory Bail—Cancellation—The High Court considered a petition to cancel anticipatory bail granted to a Police Constable accused of offenses under Sections 323, 376, 420, and 506 of the IPC—The complainant alleged the respondent's breach of bail conditions, threats, and tampering with witnesses—The respondent argued the accusations were baseless, and the bail was granted with due discretion—The Court emphasized the necessity of judicial diligence in granting bail, especially for serious offenses, referencing Supreme Court rulings—It held that bail cancellation is warranted if bail conditions are violated or if the initial order was perverse—The decision turned on whether the respondent's actions justified invoking Sect...
Dowry Prohibition Act, 1961—Section 3, Section 4—Seeking anticipatory bail for accused No. 1 in Crime No. 69/2022, registered by Basavanagudi Women Police Station, Bengaluru, the High Court considered allegations of domestic abuse, dowry harassment, and threats made by the petitioner—The complainant, his wife, claimed that the petitioner harassed her, demanded dowry, and threatened her with the release of nude photographs—The petitioner argued that the complaint was filed after a marital dispute and the payment of dowry—Despite these arguments, the Court found the allegations substantial enough to warrant investigation but decided to grant anticipatory bail with conditions—The petitioner must cooperate with the investigation, surrender within ten days, and abide by conditions to prevent tampering with e...
Penal Code, 1860 (IPC)—Section 129, Section 376, Section 376AB, Section 376DA—The Uttarakhand High Court rejected the Second Anticipatory Bail Application filed under Section 438 CrPC in connection with F.I.R. No. 357 of 2019 (scholarship scam case)—The first anticipatory bail plea had already been dismissed on merits on 16.02.2022—The applicant, owner of N Power Academy, was accused of misappropriating ₹2.59 crore in scholarship funds meant for students by forwarding false information to the Social Welfare Department, despite the Academy not being recognized by Manav Bharti University—The Court held that no new or substantial change in circumstances was shown to justify a second anticipatory bail application—The applicant had earlier sought time to surrender but failed to do so, resulting in issuance...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail—Juvenile Justice Act—Child in Conflict with Law—Application Rejected—The applicant, Rashid Rao, sought anticipatory bail in connection with FIR No. 100 of 2020 under Sections 376, 323, 504, 506 IPC—The Fast Track Court rejected the application on 09.02.2022, holding that the Juvenile Justice (Care and Protection of Children) Act, 2015, which governs the applicant as a child in conflict with law (CIL), does not contain any provision for anticipatory bail—The High Court upheld this view, emphasizing that Section 1(4) of the Act gives overriding effect in all matters involving CIL, including apprehension and detention—Bail provisions under Section 12 of the Act differ significantly from the general CrPC framework, granting...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Penal Code, 1860 (IPC)—Sections 419, 420,—Fraud on Courts—Anticipatory Bail Denied—The petitioner sought anticipatory bail under Section 438 CrPC in a case involving allegations of fraud, forgery, and misrepresentation under IPC Sections 419, 420, 465, 468, and 471—The court directed the registration of a case to investigate the extent of fraud committed on the courts at different districts, including Tumkur and Mysuru, by filing multiple petitions—The investigation was to determine whether the petitioner had instructed advocates in these courts or if the advocates themselves were involved in the fraud—The court stressed the need to deal with such fraud strictly to protect the integrity of the judicial system—The petitioner’s...
Constitution of India, 1950—Article 21—Anticipatory Bail Application No. 246 of 2021, the applicant sought protection under Section 438 CrPC, apprehending arrest in connection with FIR No. 0027 of 2020 registered under Sections 420, 408, 466, 467, 468, 471, and 120-B IPC—The applicant was implicated based on the statement of co-accused Surjeet Singh—The prosecution admitted that no direct evidence was found showing the applicant received or misused scholarship funds, and his role appeared limited to that of an alleged middleman—The Court, relying on the legal framework of Section 438 CrPC as adopted in Uttarakhand, reiterated the significance of personal liberty under Article 21 of the Constitution—It noted the absence of prior criminal antecedents and lack of strong material linking the applicant direc...
Criminal Procedure Code, 1973 (CrPC)—Section 301(2), Section 438—Anticipatory bail—The prosecution alleges that the petitioners, involved in a property transaction, committed fraud by creating false documents and cheating the complainant—The court found prima facie evidence of fraudulent activities against petitioners Nos. 1, 2, and 4, leading to their bail applications being rejected—However, petitioner No. 3, only a witness to some transactions without direct involvement in fraudulent acts, was granted bail with conditions—The court emphasized that petitioner No. 3 must cooperate with the investigation and avoid tampering with evidence. ...
Criminal Procedure Code, 1973 (CrPC) - Section 438 - Anticipatory Bail - Request to learned Single Judge of the High Court to dispose of the anticipatory bail application, pending adjudication before him, on its own merits and in accordance with law, expeditiously and preferably within a period of two weeks from the date of receipt/production of a copy of this order. ...
Penal Code, 1860 (IPC)—Section 376(3), Section 376AB—In Anticipatory Bail Application No. 4 of 2022, the applicant sought anticipatory bail under Section 438 CrPC, as amended by Uttarakhand Act No. 22/2020, in connection with a scholarship scam involving allegations under IPC Sections 409, 420, 466, 467, 468, 471, 120B and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988—The scholarship amount was released to N Power Academy and deposited in the applicant’s bank account, allegedly transferred to the University—though no evidence was filed to support this claim—Despite earlier directions to surrender, the applicant failed to do so, leading to issuance of non-bailable warrants and proceedings under Sections 82 and 83 CrPC—Citing Prem Shankar Prasad (2021), the Court...
Constitution of India, 1950—Article 21—The petitioner sought anticipatory bail under Section 438 Cr.P.C. for offences under Sections 419, 420, and 406 of IPC, alleging fraud related to a settlement agreement involving substantial amounts—The prosecution claimed that the petitioner, a Founder Director of M/s. Calcue, failed to repay the complainant, leading to a private complaint and subsequent police investigation—The petitioner argued the complaint was a civil dispute mischaracterized as a criminal offence and claimed he would cooperate with the investigation—The Court, considering the serious nature of the allegations and the specific role of the petitioner in the alleged fraud, decided against granting anticipatory bail, emphasizing that the case did not meet the criteria for such relief—The petition...
Penal Code, 1860—Section 376—Criminal Procedure Code, 1973—Section 438, 164 and 161—Offence of Rape—Anticipatory bail application—Allegation of forced rape—At the time of hearing this anticipatory bail, the victim had given an affidavit pleaded no objection therein saying that accused) had not committed any rape—But, only at the instance of police, she made allegation of rape —Considering the arguments, I am inclined to enlarge the applicant on anticipatory bail, without commenting anything on the merits of the case However, to teach a lesson to the persons like the complainant who are making mockery of law by misusing the provisions of law, the Superintendent of Police, is directed to make a proper enquiry in the matter and if it is found that the complainant had made false allegation...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Karnataka Forest Rules, 1969—Rule 165—Criminal Procedure—Anticipatory Bail—Karnataka Forest Act—Recovery of Sandalwood—Petition under Section 438 CrPC for anticipatory bail in respect of Crime No. 8/2021-2022, registered under Sections 24(d)(e), 83, 84, 85, 86 of Karnataka Forest Act, 1963, and Rule 165 of Karnataka Forest Rules, 1969—Petitioners were allegedly involved in illegal sandalwood cutting and escaped from the spot during a raid—Accused Nos. 1 and 4 were apprehended, and sandalwood was recovered from them—The petitioners’ names surfaced during the investigation—Petitioners argued that no recovery was made from them, and they lacked criminal antecedents—The court noted the absence of prior offenses ...
Criminal Procedure Code, 1973 (CrPC)—Section 439(2)—Cancellation of Anticipatory Bail—Suppression of Facts—Violation of Conditions—This petition, filed under Section 439(2) CrPC, sought the cancellation of anticipatory bail granted to Respondents Nos. 2 to 7—The petitioner argued that anticipatory bail was obtained by suppressing material facts and alleged that the respondents were violating bail conditions by threatening the complainant—The Court found that the anticipatory bail was granted after due consideration by the Trial Court and that there was insufficient evidence to support the claim of threats or suppression of facts—The affidavits presented were deemed insufficient to prove violations or concealment—The Court emphasized that cancellation of bail requires strong material ev...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail—Appearance through Counsel—Non-bailable Warrant (NBW)—The petitioner sought anticipatory bail under Section 438 CrPC after a Non-Bailable Warrant (NBW) was issued due to his failure to appear in court—The petitioner had previously appeared through counsel and obtained an exemption under Section 205 CrPC—The court held that anticipatory bail under Section 438 is not maintainable after an accused has appeared before the court through counsel and sought exemption—The proper recourse for the petitioner was to file an application to recall the NBW before the trial court—The petition was deemed non-maintainable due to suppression of facts regarding the prior appearance through counsel. ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Seeks anticipatory bail for the petitioner, accused No.4 in Crime No.33/2021, involving offenses under Sections 20(B)(II)(b) and 8-C of the NDPS Act—The petitioner, a 4th-year MBBS student, is implicated based on the voluntary statement of co-accused No.2, who alleged that the petitioner was to receive the seized narcotic—The court noted that the petitioner’s name did not appear in the FIR and that the seized quantity was intermediate—Considering the petitioner’s academic background and the reliance on a voluntary statement, bail was granted with conditions: surrender before the Investigating Officer, personal bond with sureties, non-interference with the investigation, cooperation with the investigation, and regular attendance at the police station...
Criminal Procedure Code, 1973 (CrPC)—Section 438—The petitioners, accused Nos. 1 and 2, sought anticipatory bail in Crime No. 151/2020 for offenses under Sections 506, 341, 354, 323, and 504 of the IPC—The complainant alleged assault by the petitioners, leading to their arrest attempt by police—The petitioners contended they were falsely implicated, citing a counter complaint against the complainant's husband—Petitioner No. 1 suffers from 58% locomotor disability and partial blindness—The trial court denied bail due to the petitioner’s criminal history, including multiple similar offenses under Section 354 IPC—However, considering the petitioner's disabilities and the need for mental health evaluation, bail was granted with conditions, including evaluation at DIMHANS or NIMHANS, subm...
Penal Code, 1860 (IPC)—Section 306—The Karnataka High Court granted bail to accused Nos. 1-3 in Crime No. 118/2021 under Sections 498-A and 306 r/w Section 34 of the IPC. Accused Nos. 2 and 3, the mother-in-law and father-in-law of the deceased, sought regular bail, while accused No. 1, the deceased's husband, sought anticipatory bail—The allegations included emotional abuse leading to the deceased's suicide attempt—The trial court found no need for custodial trial, as the investigation was complete and the chargesheet filed—Notably, accused No. 1 sustained injuries while attempting to rescue the deceased—The court emphasized that the gravity of the alleged offenses did not warrant denial of bail and imposed conditions regarding bond execution and witness tampering. This case underscores the cou...
Penal Code, 1860 (IPC)—Section 120B, Section 376(3)—This anticipatory bail application under Section 438 CrPC, the applicant, Shivmurti, sought protection from arrest in connection with FIR No. 0060 of 2020, registered at Police Station Khatima, District Udham Singh Nagar, under Sections 409, 420, 466, 467, 468, 471, 120-B IPC and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988—The Special Judge (Anti-Corruption), Nainital had earlier rejected his bail plea on 16.09.2021—The applicant, a former Personal Assistant in the District Social Welfare Office, contended that he has been falsely implicated and had only verified documents as per existing rules—The prosecution sought time to file documents—Considering the gravity of the allegations, absence of immediate custodial ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—In a petition filed under Section 438 CrPC, seeking anticipatory bail, the petitioner, Uditanshu Parashar, apprehended arrest in connection with Hatigaon Police Station Case No. 790/2021, registered under Sections 354, 354(A), 448, 323, and 342 IPC—The dispute arose from a landlord-tenant conflict over rent, with the petitioner being the landlord—After hearing both parties and reviewing the FIR, the Court granted interim protection till the next hearing, directing that in the event of arrest, the petitioner be released on a bail bond of ₹15,000—Conditions of bail included cooperation with the investigation, non-interference with evidence, and no inducement or threats to witnesses—The matter was listed for further consideration on 03-11-2021. ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory bail—Cancellation of—Murder—Deficiencies in course of investigation—Reevaluation of the anticipatory bail is warranted—In a specific instance, where the investigation revealed conspicuous shortcomings, including but not limited to—(i) Omission to consider eyewitness statements. (ii) Overreliance on CCTV footage pertaining to the period post-incident, while overlooking footage from the period preceding or concurrent with the incident. (iii) Failure to obtain CCTV footage spanning the route from Jabalpur to the location of the offense. (iv) Dependency on Call Data Records without verifying whether the second respondents had indeed utilized the specified phone number. (v) Absence of fingerprint analysis—These deficiencies raise...
Criminal Procedure Code, 1973 (CrPC)—Sections 82 and 438—Anticipatory bail—Given these circumstances, it is not appropriate to grant anticipatory bail to the petitioner. The court should not extend its protection or assistance to an accused individual who is not cooperating with the investigating agency and is actively evading arrest. In fact, not only has a non-bailable warrant been issued against the petitioner, but also a proclamation under Section 82 of the Criminal Procedure Code has been issued. ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Penal Code, 1860 (IPC)—Sections 304B, 302 read with 120B—Dowry death—Setting aside of anticipatory bail—Specifically, the matter at hand involves the setting aside of anticipatory bail—It's pertinent to note that the conduct of the accused in absconding for an extended period, spanning more than two years, without any justifiable reason, should have been a significant consideration when contemplating discretionary relief for her. These circumstances place her in a distinctly different position than her co-accused, with whom she seeks to establish parity—Furthermore, the gravity of the offense, the conduct of the accused, and the potential societal repercussions of undue leniency by the Court, particularly at the early stages of the investi...
Criminal Procedure Code, 1973 (CrPC) – Section 438 - Penal Code, 1860 (IPC) - Sections 304-B, 498A and 34 - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Anticipatory bail - Charge-sheet has not yet been filed against appellant - Appellant is entitled to the relief of anticipatory bail. ...
Criminal Procedure Code, 1973 (CrPC) - Section 438 - Anticipatory Bail:The primary contention in this Special Leave Petition revolves around the High Court's decision to impose a condition when granting anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973. Specifically, the condition required the petitioner to cancel a registered sale deed and return the money received from the complainant. It is contended that the imposition of this condition by the High Court was inappropriate, as it could potentially impede the rights of the parties involved in the registered documents. Such rights, it is argued, should be determined by a Civil Court rather than unilaterally canceled by one party, in compliance with the High Court's directive. This action could adversely affect the interests of the purchasers, who were no...
The applicant sought anticipatory bail under Section 438 CrPC in Case Crime No. 292 of 2020 registered at Police Station Bhagwanpur, Haridwar, involving charges under Sections 409 and 420 IPC arising from a scholarship scam—The prosecution alleged that the applicant, Chairman of the College of Advance Technology, misappropriated ₹44,79,345/- meant for Scheduled Caste students—Investigation revealed that scholarships were disbursed to non-existent or unqualified students and that funds were withdrawn by the applicant—The applicant contended he had cooperated with the investigation, no fake students were enrolled, and he had already deposited ₹1 crore with the Social Welfare Department under prior court direction—The State opposed the bail, noting the serious financial irregularities and breach of trust—The...
Negotiable Instruments Act, 1881—Section 138—Code of Criminal Procedure, 1973—Section 438—Application under—Applicant-accused prayed for anticipatory bail—FIR registered under Sections 406, 420, 120-B and 114 of IPC and under Sections 3 and 4 of Gujarat Protection of Interest of Depositors Act—Facts of case, nature of allegations, gravity of offences, role attributed to accused—Without discussing evidence in detail at this stage, High Court was inclined to grant anticipatory bail to applicant—Custodial interrogation of applicant is not required—Conditions imposed—Bail granted. (Paras 5, 6 and 7) ...
Code of Criminal Procedure, 1973, Section 438, NDPS ACT Section 37 Anticipatory bail by pregnant woman Accusations against petitioner involve commercial quantities of psychotropic substances Held, every expecting female deserves dignity during motherhood Pregnant women need bail, not jail! Courts must restore the due and sacrosanct freedom of women in motherhood pro tanto Even when offences are highly grave and accusations very severe, they still deserve temporary bail or suspension of sentence, extending to year after delivery Further, those who stand convicted and their appeals closed also deserve similar relief, in whatever camouflage it may come Therefore, pregnant woman entitled for anticipatory bail. [Paras 33 and 34] ...
Constitution of India, 1950—Article 21—Penal Code, 1860 (IPC)—Section 324, Section 34—The appellant/accused challenged the rejection of his anticipatory bail application under Section 438 of the Cr.P.C. by the II Additional District and Sessions Judge, Bengaluru, in Crl.Misc.No.813/2021, concerning allegations under Sections 504, 506, 324 of IPC and Sections 3(1)(r), 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989—The court noted the absence of specific charges against the accused and highlighted the provisions of Section 18A of the SC/ST Act, which bars the application of Section 438 Cr.P.C. for offenses under this special enactment—The court ultimately dismissed the appeal for anticipatory bail, emphasizing that the accused must surrender to the trial court within three weeks and file a regu...
Criminal Procedure Code, 1973, Section 438 r/w 482—Negotiable Instruments Act, 1881, Section 138—Cheque dishonour—Anticipatory bail under—Proclaimed offender—Maintainability of—Held, a proclaimed offender is not entitled to grant of pre-arrest bail—When accused are absconding, there is no question of granting anticipatory or regular bail—A petition against the order u/s 482 Cr.P.C. is not maintainable and that the accused should first move the Court which declared him proclaimed offender and even an objection against validity of proclamation is required to be raised in the first instance before the Court which issued the proclamation—The power u/s 482 Cr.P.C. is not to be exercised in favour of a person, who is absconding or avoiding service—The petition is bound to fail—...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 3(1)(r), 3(1)(s), 3(2)(v)—Indian Penal Code, 1860—Sections 143, 147, 148, 323, 324, 114, 307, 504, 506 r/w Section 149—Anticipatory Bail—Bar under Section 18 of the SC/ST Act not applicable when caste-based abuse is not established—In a case involving allegations of assault and abuse under the SC/ST Act and the IPC, the court found that the complainant suffered only simple injuries, despite claims of assault with iron rods and sticks—Further, there were no specific references to caste-based abuse in the complaint or statements—Investigation concluded, and the charge sheet was filed—Considering the absence of clear caste-based insults and the minor nature of injuries, the court allowed anticipatory bail,...
Constitution of India, 1950 - Article 21—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 18, 18A—Anticipatory Bail—Express Bar—Article 21 of Constitution—Regular Bail—The appellants/accused, arraigned in Cr.No.15/2021 for offenses under Sections 341, 353, 504, 506 IPC, and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST Act, sought anticipatory bail under Section 438 Cr.P.C., which was rejected by the Trial Court citing the express bar under Sections 18 and 18A of the SC/ST Act—The High Court, dismissing the appeal under Section 14-A(2) of the Act, confirmed the Trial Court's order but directed the appellants to surrender and file a regular bail petition under Section 439 Cr.P.C. within 10 days—The Special Court was directed to hear the bail pet...
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015—Section 14A(2), Section 15A(5)—Anticipatory Bail—Bar under Section 18A—Personal liberty of the accused—Apprehension of arrest—Section 438 CrPC—Applicability—The appellants, accused of offenses under Sections 504, 506, 507 read with Section 34 IPC, and Sections 3(1)(r), 3(1)(s), and 3(1)(v) of the SC & ST (POA) Act, 2015, sought anticipatory bail—The Court rejected their plea, citing the bar under Section 18A(2) of the Act, which precludes anticipatory bail—The court held that despite the appellants' claim that most IPC offenses are bailable, the specific provisions of the SC & ST Act take precedence—However, recognizing the appellants’ right to personal liberty under A...
Penal Code, 1860 (IPC)—Section 34, Section 504—The Karnataka High Court dismissed an appeal challenging the denial of anticipatory bail under Section 438 of the CrPC in a case registered under the SC/ST (Prevention of Atrocities) Act, 1989—The appellants contended that the FIR lacked the necessary ingredients to constitute the alleged offenses—However, the Court upheld the lower court's decision, emphasizing that Section 18A(2) of the SC/ST Act expressly bars the applicability of anticipatory bail in such cases—The Court noted the existence of prima facie material to support the allegations and underscored that the SC/ST Act provides protective measures for the victims—Thus, the appeal was dismissed, and the lower court's order was confirmed, indicating that the appellants did not warrant relief...
Constitution of India, 1950—Article 21—The applicant sought anticipatory bail under Section 438 CrPC in FIR No. 35 of 2020, registered at Police Station I.T.I., District Udham Singh Nagar, for offences under Sections 409, 420, 466, 467, 468, 471, 120-B IPC and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988—The FIR alleged embezzlement of ₹4,08,850/- in a scholarship scam involving fake admissions at Himalayan College of Education, Himachal Pradesh—The applicant, formerly posted as Senior Personal Assistant in the District Social Welfare Office, contended that he had no role in the alleged disbursement and no direct allegation was made against him in the FIR—Considering the applicant's cooperative stance, absence of prior criminal antecedents, and the documentary natur...
Criminal Procedure Code, 1973 (CrPC)—Section 438—SC/ST (Prevention of Atrocities) Act, 1989—Sections 3(1)(r)(s), 18, 18A—Anticipatory Bail—Dismissal—In an appeal challenging the rejection of anticipatory bail under Section 438 CrPC by the II Additional District and Sessions Judge, Bengaluru, the court reaffirmed that Section 18 and 18(A) of the SC/ST (Prevention of Atrocities) Act expressly bars the grant of anticipatory bail—The appellant, accused under Sections 341 and 506 IPC, and Section 3(1)(r)(s) of the SC/ST Act, was alleged to have abused the complainant by invoking his caste—The court, emphasizing Article 21 of the Constitution, directed the appellant to surrender and seek regular bail under Section 439 CrPC—The trial court was instructed to dispose of the bail application on ...
Constitution of India, 1950—Article 21—Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 18, 18A—Anticipatory bail—Bar under Section 438 Cr.P.C.—Dismissal of appeal—The appellants, accused of offenses under the IPC and SC/ST Act, sought anticipatory bail under Section 438 Cr.P.C., which was rejected by the Sessions Court citing the bar under Sections 18 and 18A of the SC/ST (Amendment) Act, 2015—The High Court upheld the rejection, noting that there is an express statutory bar on granting anticipatory bail under the SC/ST Act—However, the Court directed the appellants to surrender before the Sessions Court and apply for regular bail under Section 439 Cr.P.C. within seven days, with the trial court to decide the matter on merits without delay—Th...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 14A—Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail—Appellant sought anticipatory bail under Section 14A of the SC/ST Act after the trial court rejected his application—The case involved allegations of caste-based abuse and defamatory statements by the appellant, a YouTuber, against the complainant, which led to the registration of an FIR under IPC Sections 384, 506, 501, 511, and SC/ST Act Sections 3(1)(r), 3(1)(s)—The trial court denied bail based on a prima facie case—The High Court, while examining the ingredients under the SC/ST Act, held that custodial interrogation was not necessary as the appellant undertook to cooperate in the investigation—Considering the lack of sufficient p...
Criminal Procedure Code, 1973, Section 438—Constitution of India, 1949, Article 21—Penal Code, 1860, Section 420, 467, 468, 471, 506 & 406—Anticipatory bail—Extraordinary times require extraordinary remedy—The protection of life is more important than the protection of personal liberty of a citizen—Now the situation has arisen which calls for protection of an accused from infection of novel corona virus and death till the police investigation and, if required, trial is concluded against him—Hence, the apprehension of death on account of reasons like the present pandemic of novel corona virus can certainly be held to be a ground for grant of anticipatory bail to an accused The apprehension to life in the current scenario is a ground for grant of anticipatory bail—The applicant shall be en...
Penal Code, 1860 (IPC)—Section 201, Section 307—Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail—Grant of bail with conditions—In Crl.P. Nos. 2173 & 2197/2021, accused Nos. 2 and 3 sought anticipatory bail in connection with Crime No. 227/2020, registered for offenses under Sections 324, 307, 506, 201 read with 34 of IPC—The complainant initially named only accused No. 1 in her statement, alleging assault after refusing a marriage proposal—However, in a later statement under Section 164 CrPC, the complainant implicated accused Nos. 2 and 3 for aiding the assault—The Court, noting no initial evidence of their presence, emphasized the need to balance a fair investigation with protecting the petitioners from undue harassment—The petitioners were granted anticip...
Penal Code, 1860 (IPC)—Section 379—This petition for anticipatory bail under Section 438 CrPC was filed by the accused, seeking relief in connection with Crime No. 59/2019 at Banakal Police Station for an offence under Section 379 IPC—The case arose from a report by the District Crime Intelligence Bureau indicating that the petitioner stored 10 loads of sand illegally—Previous bail granted to the petitioner was cancelled due to non-compliance with conditions, including the failure to produce the vehicle used in the offence—The Sessions Court subsequently denied a fresh bail application, citing the petitioner’s non-cooperation—The petitioner expressed readiness to surrender and comply with conditions—The High Court noted that the offences were not punishable by death or life imprisonment, and...
Penal Code, 1860 (IPC)—Section 376, Section 417—This petition for anticipatory bail under Section 438 Cr.P.C. was filed by the accused, Sri Satish, in connection with Crime No. 15/2020 registered at Chamrajanagar Women Police Station for offences under Sections 376, 417, 420, and 506 of the IPC—The complainant, Smt. Lakshmi, alleged that the accused, after developing intimacy, had sexual intercourse with her under the promise of marriage but later refused to marry her—The Sessions Court denied bail, leading to this petition—The High Court, after reviewing the case, noted that the complainant, a 27-year-old divorcee, entered into a consensual relationship and displayed mental maturity—The Court emphasized the need to discern between consensual sex and deceitful promises—Citing the Supreme Court'...
Criminal Procedure Code, 1973, Section 438—Anticipatory Bail—The following can be considered as "appropriate cases" for grant of anticipatory bail to an accused apprehending arrest, even after submission of charge-sheet— (1) Where the merits of the F.I.R/complaint that has been lodged by the informant/complainant are such that it cannot be proved against the accused in the Court; (2) Where there exists a civil remedy and resort has been made to criminal remedy. (3) When the F.I.R/complaint has clearly been lodged by way of counterblast to an earlier F.I.R lodged/complaint (4) Where the F.I.R/complaint does not discloses the essential ingredients of the offences alleged; (5) Where the allegations made in the F.I.R/complaint are patently absurd and inherently improbable (6) Where cha...
Criminal Procedure Code, 1973, Section 438 — Anticipatory bail — The Trial Court had directed to surrender and apply for regular bail after filing of charge sheet — The High Court upheld the order of trial court — Maintainability of — Held, mere fact that an accused is given relief u/s 438 at one stage, per se does not mean that upon the filing of a charge sheet, he is necessarily to surrender or/ and apply for regular bail — An accused, who is granted anticipatory bail would continue to be at liberty when the charge sheet is filed, the natural implication is that there is no occasion for a direction by the court that he be arrested and further that he had cooperated with the investigation-We therefore set aside the impugned orders passed by the High Court — The appe...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Allegation of Criminal Conspiracy Based on Co-Accused's Statement—No Direct Involvement—Bail Granted—The petitioner (Accused No.14) sought anticipatory bail under Section 438 of Cr.P.C. in Crime No.9/2021, registered for offenses under Sections 399, 402 of IPC, Section 20[B][ii][b] of NDPS Act, 1985, and Section 25[1][B][b] of the Arms Act, 1959—The prosecution alleged the petitioner was implicated based on the voluntary statement of Accused No.6, linking him to financing a planned crime—However, no direct evidence or material corroborating the petitioner's involvement was presented, except the statement of Accused No.6—The court noted that mere possession of ganja by other co-accused was insufficient to establish the ...
Protection of Children From Sexual Offences Act, 2012 - Section 7, Section 8...
Criminal Procedure—Anticipatory Bail—Applicability of Section 438 CrPC in Uttarakhand—Relegation to Regular Bail Due to Earlier Non-Applicability—Change in Legal Position—Remand for Fresh Consideration on Merits—In this case, the applicant, accused under Sections 419, 420, 467, 468, and 471 IPC, had initially filed an anticipatory bail application in 2018, which was rejected on the ground that Section 438 CrPC was not applicable in Uttarakhand at that time, as per the Reorganization Act—A subsequent application before the High Court was also dismissed in 2020 with liberty to seek regular bail—However, following a Division Bench decision dated 19.09.2018, Section 438 CrPC was made applicable in the State—Despite the change in legal position, the Sessions Judge erroneously rejected a fre...
Criminal Procedure Code, 1973, Section 438—Penal Code,1860, Ss. 302, 307, 143, 149, 436, 120B —Anticipatory bail—Successive under—Status report by I.O. clearly indicating that custodial interrogation of accused is essential and the investigation is still incomplete— Successive anticipatory bail applications ought not to be entertained and more so, when the case diary and the status report, clearly indicated that the accused is absconding and not co-operating with the investigation—The change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by the same Judge...
Penal Code, 1860 (IPC), Sections.302 | S.307 | S.349 | S.120B | S.101 | S.143 | S.147 S.148 | S.149—Sought anticipatory bail in a civil dispute regarding land payment—The High Court granted bail with the condition of depositing a sum of money—The Supreme Court modified the order, removing the deposit condition, emphasizing that criminal proceedings should not involve recovering disputed dues—The appeal was disposed of accordingly ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Penal Code, 1860 (IPC)—Section 302—Murder—Anticipatory bail—However, the bar imposed by Section 22 of the MMDR Act is only applicable when the magistrate takes cognizance of MMDR Act offenses and issues process or summons—For offenses under the Indian Penal Code—Magistrate can take cognizance upon receipt of a police report without waiting for a complaint under the MMDR Act. When a magistrate directs the police to register an FIR under Section 156(3), and the investigating officer subsequently submits a report, the authorized officer under the MMDR Act can file a complaint, and the magistrate can take cognizance following the proper procedure. ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—The petitioners, Accused Nos. 1 to 3, sought anticipatory bail under Section 438 Cr.P.C. in Raibag P.S. Crime No. 73/2020, where they were charged with offences under Sections 420, 504, 506, and 34 IPC—The complainant, Bahubali Ashok Kaddu, alleged that the petitioners fraudulently executed a sale agreement for his property with false representations regarding payment, including cheques and cash, which were not provided—The petitioners contended that the dispute was civil in nature, with no money received, and that they had been falsely implicated—The court noted that the investigation was incomplete, but the petitioners' addresses were undisputed—Considering the balance between fair investigation and preventing undue detention, the court granted anti...
Karnataka Forest Act, 1963—Section 104(B), Section 104D—The petitioner, seeking anticipatory bail under Section 438 of the Code of Criminal Procedure, is accused in FOC.No.60/2019-20 for offences under the Karnataka Forest Act, 1963, involving sandalwood tree cutting—The petitioner contended that he was falsely implicated based on voluntary statements of co-accused, and the offences were not punishable with death or life imprisonment—Despite objections citing Section 104-D of the Karnataka Forest Act, which limits anticipatory bail, the Court observed that there was no prima facie evidence against the petitioner and that the investigation was completed—The Court granted anticipatory bail with stringent conditions, including a bond for Rs. 50,000/-, non-tampering with witnesses, and cooperation with the invest...
The petitioners sought anticipatory bail under Section 438 of the Cr.P.C. in connection with Crime No. 25/2020 for offences under Sections 143, 144, 147, 148, 149, 341, 307, 354(A), 354(B), 506, and 504 of the IPC—The complaint, filed on 06.04.2020, alleges that the petitioners were involved in a group assault and attempted outraging the modesty of the complainant and others over a theft of pepper corns—The petitioners, agriculturists with no prior criminal record, contested the charges and feared irreparable harm if jailed—The learned District Judge had rejected their bail application—Upon considering the facts, the High Court granted anticipatory bail with conditions to ensure cooperation with the investigation, non-interference with witnesses, and restricted movement—The petitioners were directed to provid...
Penal Code, 1860 (IPC) - Section 295, Section 34. The petitioners, accused of abuse, criminal intimidation, and property destruction with caste-based discrimination under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, have sought anticipatory bail. The First Information Statement (FIS) alleges caste-based insults, intimidation, and threats to destroy a Dr. B.R. Ambedkar flag, attracting provisions of both the IPC and the Atrocities Act. The petitioners contend that no prima facie case has been made out. Section 18 of the Atrocities Act bars anticipatory bail, but the Supreme Court has held that this bar does not apply if the complaint fails to establish a prima facie case. In light of this, the court must assess whether the FIS creates a prima facie case under the Atrocities Act. At this stage, the maintainabili...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 18A—Applicability of Bar—Absence of Specific Allegations—The petitioners sought anticipatory bail under Section 438 CrPC in a case registered under Sections 143, 147, 148, 323, 324, 504, 506, 307 read with Section 149 of IPC, and under Sections 3(1)(r), 3(1)(s), 3(2)(v-a) of the SC/ST (Prevention of Atrocities) Act—The prosecution opposed, citing the bar under Section 18A of the Act—However, the Court noted the absence of specific allegations and overt acts against the petitioners, with injuries being simple in nature—Applying the principles from Siddharam Satlingappa Mhetre (2011) 1 SCC 694, the Court held that arrest should be the...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail—Applicability under Special Enactments—Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004 (KPID Act)—Sections 9, 18(2)—Financial Irregularities Alleged by Cooperative Society's Office Bearers—Petitions for anticipatory bail were filed under Section 438 of CrPC by accused persons, who were office bearers of Lokamanya Multi-Purpose Co-operative Society, in a case registered under IPC Sections 406, 408, and 420, along with Section 9 of KPID Act—Despite Section 18(2) of the KPID Act barring anticipatory bail, the Court held that this provision does not override the discretionary powers under Section 438 CrPC—Considering lack of specific allegations, absence of complaints from depositors,...
Muslim Women (Protection of Rights on Marriage) Act, 2019, Section 3 and 4—Criminal Procedure Code, 1973, Section 438—Indian Penal Code, 1860, Section 498A—Dowry Prohibition Act, 1961, Sections 3 and 4 — Complaint against In-laws—Anticipatory bail—Applicability of—Held, the provisions ofAct, 2019, are applicable only against husband and not against in-laws—Further, no physical cruelty is found—Looking to all these factors along with belated FIR, a case is made out for grant of anticipatory bail to the applicants—The application stands allowed. (Para 9 to 11) ...
Penal Code, 1860—Section 302 read with Section 34—Anticipatory Bail—Denied—The Karnataka High Court dismissed petitions for anticipatory bail under Section 438 Cr.P.C. filed by accused persons in a murder case (Cr.No.35/2020) registered under Section 302 r/w 34 IPC—The deceased, Singanamale Madhav, was found murdered, and the complainant suspected his younger brother and son due to prior disputes over family property—The prosecution opposed bail, citing the petitioners’ potential to abscond, tamper with evidence, and obstruct investigation—The Court noted that the case was based on circumstantial evidence, requiring thorough investigation—The petitioners argued their innocence, absence of direct witnesses, and wrongful implication due to suspicion—However, the Court found that gr...
Penal Code, 1860 (IPC)—Section 323, Section 34—The petitioner, accused No. 1 in Crime No. 14/2020, sought anticipatory bail under Section 438 of the Code of Criminal Procedure for charges under IPC Sections 498A, 323, 504, 506, and Dowry Prohibition Act Sections 3 and 4—The complainant alleged mental harassment and dowry demands following her marriage to the petitioner—The court analyzed the gravity of the allegations and the potential for the petitioner to abscond or tamper with witnesses—Citing precedents, the court emphasized a liberal approach to bail in matrimonial disputes—Ultimately, the court granted bail, imposing conditions such as personal bond execution, cooperation with the investigation, and restrictions on leaving the jurisdiction, thereby balancing the rights of the accused and the inter...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Filed for anticipatory bail for accused Nos. 1 and 2, involved in Crime No. 36/2020, Kodigenahalli Police Station, under IPC Sections 323, 353, 504, 506 read with Section 34 and Sections 3(1)(r)(s), 3(2)(va) of the SC/ST Act, 2015—The complainant alleged caste-based abuse and assault by accused No. 1 and physical assault by accused No. 2—The court noted the specific allegation of caste-based abuse by accused No. 1 in public view, barring anticipatory bail under SC/ST Act provisions—However, as accused No. 2 had no such allegation, the court granted anticipatory bail to him under Section 438 of CrPC—The petition was partially allowed: bail was granted to accused No. 2, with specific conditions, while it was denied for accused No. 1, establishing that publi...
Penal Code, 1860 (IPC)—Section 34, Section 406—The High Court evaluated allegations of a conspiracy to defraud a complainant of ₹47 crores—The petitioner, husband of the alleged fraudster, argued that he was unaware of his wife's transactions and should not be held liable—However, the court found specific allegations linking the petitioner to the fraudulent activities, noting the couple’s joint application for anticipatory bail and the significant amounts involved—The prosecution emphasized the need for custodial interrogation to investigate the claims further, highlighting concerns over the petitioner's potential to abscond—Given the serious nature of the allegations and the petitioner’s established involvement, the court rejected the bail application, reinforcing the necessity of...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Indian Penal Code, 1860—Sections 376, 420, 506—Information Technology Act, 2000—Section 66-B—Offenses of Rape, Cheating, Criminal Intimidation—Anticipatory Bail granted despite Serious Allegations—Prima Facie Case—Complainant’s Conduct in Question—COVID-19 Consideration—The High Court granted anticipatory bail under Section 438, Cr.P.C., in a case where the petitioner faced charges under Sections 376, 420, and 506 of the IPC and Section 66-B of the IT Act—Although the offenses were serious, the Court emphasized the absence of prima facie evidence from the prosecution, questioning the complainant’s delay in reporting, behavior at the time of the incident, and readiness to settle—Highlig...
Criminal Procedure Code, 1973 (CrPC)—Section 438—For anticipatory bail, the petitioner (Accused No. 3) sought relief from arrest for alleged offenses under the Karnataka Excise Act and various sections of the IPC, following the registration of Crime No. 42 of 2020 by the Sirigeri Police—The prosecution claimed the petitioner was involved in the sale of illicit liquor and obstructed police duty by pelting stones, causing injuries to a police staff member—The Sessions Court initially denied bail—However, the High Court found insufficient prima facie evidence against the petitioner, emphasizing that arrest should be a last resort and that the balance between free investigation and preventing undue detention must be maintained—Consequently, the court granted anticipatory bail with conditions, including the ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Penal Code, 1860 (IPC)—Section 114, Section 117—The petitioner, accused No. 16 in Crime No. 66/2019 registered under the SC/ST (Prevention of Atrocities) Act and IPC provisions, sought anticipatory bail under Section 438 of CrPC—The case arose from allegations made by Dr. Y. Ramappa, involving protest-related abuses against the complainant's caste—Notably, the petitioner was not named in the FIR, and later involvement stemmed from supplementary statements—The Government Pleader opposed bail, citing Sections 18 and 18A of the SC/ST Act—However, the court, referencing prior judgments, concluded that the FIR did not establish a prima facie case under the Act, thus allowing anticipatory bail—The petitioner must appear before the Trial Co...
Criminal Procedure Code, 1973 (CrPC)—Section 438—The petitioners, accused under Sections 408, 420, and 34 of the IPC, sought anticipatory bail under Section 438 of CrPC—The allegation was that petitioner No.1, entrusted with collecting dues for the complainant’s firm, misappropriated funds in collusion with petitioner No.2—Despite executing a promissory note and issuing a cheque, petitioner No.1 failed to remit the collected amount—The defense argued that the petitioner was not specifically assigned to collect dues, and the complaint was filed with malintent—The court, referencing Siddharam Satlingappa Mhetre v. State of Maharashtra (2011), stressed that arrest should be a last resort and balanced the need for fair investigation against preventing undue harassment of the accused—Granting ant...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail—Sexual Offenses—In this case, a petition was filed under Section 438 CrPC for anticipatory bail for three accused in Crime No. 238 of 2019 at Raibag Police Station, charged under IPC Sections 376D, 376(2)(o), 341, 504, and 506 read with Section 34—The victim alleged repeated rape by the petitioners over a period, but there was a 16-month delay in filing the complaint, attributed to threats from the accused and fear of her husband's reaction—The petitioners argued that the complaint was filed maliciously due to prior enmity, as they were witnesses in a murder case involving the victim's brothers—The High Court considered factors outlined by the Supreme Court in Siddharam Satlingappa Mhetre v. State of Maharashtra (2011), emp...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail—Essential Commodities Act, 1955—PDS Rice Seizure—Justification for Bail—In a case under Section 438 of the CrPC, the petitioner sought anticipatory bail following a raid by Food and Revenue officials, where 71 bags of rice meant for public distribution were seized from his residence under Crime No.25/2020—The petitioner contended that the rice was stored for a religious event by devotees, denying any illegal possession—The prosecution argued that no valid explanation was provided for the rice storage and expressed concerns about potential interference with the investigation if bail were granted—The court referred to the Supreme Court's principles from Siddharam Satlingappa Mhetre v. State of Maharashtra (2011), high...
The case of anticipatory bail sought by the petitioners, accused in Crime No. 104/2020 under sections 323, 506 r/w 34 IPC and Section 3(1)(r)(s) of the SC/ST Prevention of Atrocities Act, 1989, the petition was granted—The petitioners contended their innocence and absence of material for invoking the Atrocities Act, highlighting no third-party witnesses to the alleged offence—The State opposed the bail, citing Sections 18 and 18A of the Atrocities Act which bar anticipatory bail in such cases—However, the Court observed that anticipatory bail is not barred if no prima facie case is made under the Atrocities Act, referencing the Supreme Court’s judgment in Prathvi Raj Chauhan—The Court concluded that the petitioners had no prior knowledge of the complainant's social status, and their actions did not prima ...
Penal Code, 1860 (IPC)—Section 379—The petitioner, accused No. 1, sought anticipatory bail under Section 438 of the Cr.P.C. in connection with Crime No. 281/2014 (C.C. No. 232/2018) for an offence under Section 379 of the IPC—The complainant alleged that his motorcycle was stolen in 2014, and later, the motorcycle was recovered with the involvement of the petitioner in a similar offence in 2017—The petitioner argued for bail based on the completion of the investigation and recovery of the stolen vehicle, also citing the grant of bail to co-accused No. 2—The State opposed bail, highlighting the petitioner's criminal background—Considering the recovery, completion of investigation, and the non-gravity of the offence, the Court granted anticipatory bail, subject to conditions including surrendering to ...
Criminal Procedure Code, 1973—Section 438—Anticipatory bail—Offenses under IPC Sections 307, 353, 504, 114 read with Section 34 and Sections 3, 25 of the Indian Arms Act—Rejected—The petitioner sought anticipatory bail in Crime No. 65/2019 for firing a gun at police personnel during an inquiry regarding a previous case (Crime No. 64/2019)—The Trial Court noted that the petitioner used an SBBL gun facilitated by his wife and, despite firing, the bullet struck a compound wall before he fled the scene—The High Court observed that the investigation was incomplete, and critical evidence, including witness statements, remained to be collected—The Court held that mere fear of arrest is insufficient for granting anticipatory bail and rejected the petition—However, the petitioner was directed t...
Criminal Procedure Code, 1973—Section 438—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 3(1)(r), 3(1)(s)—Anticipatory Bail—Applicability of Section 18A of SC/ST Act—Delay in Filing Complaint—The petitioners sought anticipatory bail under Section 438 Cr.P.C. in connection with offences under Sections 143, 147, 504, 323, 307, 506 r/w Section 149 IPC and Sections 3(1)(r), 3(1)(s) of the SC/ST Act—The complaint was filed more than a month after the alleged incident, indicating a delay—The petitioners argued that the complaint was a counterblast, following a prior FIR lodged by petitioner No.1 against the complainant—The court held that under Section 18A of the SC/ST Act, anticipatory bail may be granted if there is no prima facie case made out&md...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Granted—Allegations of sexual assault, data misuse, and assault—Delay in lodging complaint—In a petition under Section 438 of Cr.P.C., the accused sought anticipatory bail in connection with Crime No. 44/2020, registered for offenses under Sections 354D, 354B, 506, 376, 447, and 354 of IPC, and Sections 66C and 66E of the IT Act—The complainant, a former partner, alleged sexual assault, physical abuse, and misuse of personal data—The accused denied the charges, claiming a consensual relationship—The Court noted the delay in filing the complaint and absence of corroborative medical evidence—Despite presenting intimate chats and photos, the accused’s defense was not accepted as conclusive proof—The Court, findi...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 18, 18A—Invocation of Bar—Applicability of Provisions—Petitioner sought anticipatory bail under Section 438 of CrPC in a case registered for abetment to suicide (Section 306 IPC) and Section 3(2)(va) of the SC/ST Act—Initially, the complaint stated the reason for suicide was unknown—Later, a death note allegedly blaming the petitioner for cheating and refusal to marry was found—The prosecution argued the bar under Sections 18 and 18A of the SC/ST Act applies, preventing anticipatory bail—However, the court noted the doubtful circumstances of the death note's discovery and the absence of prima facie material suggesting an SC/ST A...
Criminal Procedure Code, 1973—Section 438—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 18, 18A—Anticipatory bail—The petition for anticipatory bail was filed under Section 438 Cr.P.C. by petitioner Nos.1 & 4 in connection with a civil dispute, involving allegations under the SC/ST Act—The petitioners were accused of caste-based insults during a quarrel, but the court found no prima facie evidence of intent to insult or humiliate based on caste—Referring to Prithviraj Chauhan v. Union of India [(2020) SCC OnLine SC 159], the court noted that anticipatory bail is barred under the SC/ST Act unless there is no prima facie case—Since the FIR primarily indicated a civil dispute and lacked clear caste-based intent, the court held that the SC/ST provisions ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 3(1)(r), 3(1)(z)—Anticipatory Bail—Insult Not in Public View—Knowledge of Caste Not Established—The petitioners, accused in Crime No.52/2020, sought anticipatory bail for alleged offenses under Sections 354, 504, 506 read with Section 34 of IPC and Sections 3(1)(r), 3(1)(z) of the SC/ST (Prevention of Atrocities) Act, 1989—The complainant alleged threats and caste-based insults—However, the court observed that the complaint did not indicate that the petitioners were aware of the complainant's caste or that the alleged insult occurred in public view, as required under Section 3(1)(r) of the Act—The court held that prima facie, the provisions of t...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail—Offenses under IPC and SC/ST Act—Section 438, CrPC—Bar under Sections 18 and 18A of SC/ST Act—The petitioners sought anticipatory bail for offenses under IPC Sections 143, 147, 148, 323, 324, 307, 354-B, 504 read with Section 149, and Sections 3(1)(r), 3(1)(s) of the SC/ST (Prevention of Atrocities) Act—The complainant alleged caste-based abuse and assault during a dispute over harvesting paddy—The Court, referring to Prathvi Raj Chauhan v. Union of India and Dr. Subhash Kashinath Mahajan v. State of Maharashtra, held that the bar under Section 18 and 18A of the SC/ST Act does not apply when the complaint does not prima facie establish caste-based abuse—Since the complaint contained only vague references to caste abuse,...
Criminal Procedure Code, 1973 (CrPC)—Section 438—The High Court granted anticipatory bail to the petitioner, accused No. 13 in Crime No. 40/2020 registered at Tumakuru Rural Police Station, for offenses under various sections of the IPC, including Sections 143, 147, 148, 323, 326, 341, 427, and 448 r/w Section 149—The case stemmed from an alleged incident on February 24, 2020, involving a group assault on the complainant's family, where the petitioner was present but did not directly participate in the assault—The prosecution did not oppose the bail application, and several co-accused had already been granted bail—The Court stipulated conditions for bail, including the execution of a personal bond, attendance before the Investigating Officer, and restrictions on leaving the jurisdiction without permission...
The petitioner sought anticipatory bail under Section 438 of the Cr.P.C. following the registration of a case against him in Crime No.14/2020 for offenses under IPC Sections 341, 332, 353, 504, and 506—The allegations stemmed from an incident where the petitioner allegedly assaulted a lineman, Manjunatha Patteda, while the latter was performing his official duties—The petitioner claimed innocence and argued that he was a senior citizen over 80 years old, ready to comply with any conditions imposed by the court—The High Court Government Pleader opposed bail, citing the serious nature of the charges and the petitioner’s absconding status—After considering the facts, the court noted that the offenses, while non-bailable, were not punishable by death or life imprisonment—It granted bail, imposing conditions...
Penal Code, 1860 (IPC)—Section 143, Section 147—The matter of anticipatory bail for accused Nos. 5, 6, 9, 10, and 11 in Crime No. 171/2020, registered for multiple offences under the IPC, the petitioners challenged their involvement based on a complaint from Police Head Constable Ganganna—The complaint alleged illegal gambling and subsequent assault on police personnel by other accused, now in custody—The petitioners contended there was no evidence linking them to the alleged activities, with allegations primarily directed at the arrested individuals—The court, acknowledging the lack of substantial evidence against the petitioners, granted anticipatory bail, imposing conditions such as executing a personal bond of ₹50,000, not hampering the investigation, and appearing before the Investigating Officer when ...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Grant of Anticipatory Bail despite Allegations under SC/ST Act—Petitioners sought anticipatory bail in Crime No.29/2020 for offenses under IPC Sections 447, 341, 504, 324, 506 r/w Section 34 and Sections 3(1)(r)(s) and 3(2)(v-a) of the SC/ST Act—The trial court had previously rejected the bail under Section 438 CrPC citing prima facie materials for SC/ST Act offenses—However, the High Court, relying on Prathvi Raj vs. Union of India, found no prima facie case under the SC/ST Act—The petitioners had no prior criminal antecedents, and bail was granted with conditions, including a bond of Rs.1,00,000, not tampering with evidence, and staying within Raichur's...
Penal Code, 1860 (IPC)—Section 143, Section 144—The petitioner sought anticipatory bail under Section 438 of the Cr.P.C. in connection with Crime No. 22/2019 for multiple offenses, including attempted murder and unlawful assembly—The prosecution alleged that the petitioner, a friend of accused No. 2, participated in an assault on the victim, Rahul, during which he sustained grievous injuries—The petitioner claimed he was falsely implicated, asserting he was not present at the scene, and highlighted that the injured party had been discharged from the hospital and other accused were granted bail—The court noted that the petitioner was shown in the FIR and charge sheet, but ultimately granted bail, imposing conditions including appearance before the Investigating Officer, cooperation with the investigation, and ...
Penal Code, 1860 (IPC)—Section 34, Section 376—The petitioner sought anticipatory bail concerning Crime No. 141/2019 at Vijayapura Police Station, Bengaluru Rural District, involving charges under IPC Sections 417, 376, 504, 506, and 34—The petitioner had been arrested and held in judicial custody for over two and a half months following a complaint by a divorced woman, alleging that he proposed marriage, engaged in physical relations, and was subsequently threatened with video recordings by co-accused—The court previously rejected the bail plea, citing the ongoing preliminary investigation—However, the High Court noted that the investigation had likely progressed, and the co-accused had been granted anticipatory bail—Considering the circumstances, the court granted bail under Section 439 of the CrPC, s...
The petitioner sought anticipatory bail under Section 438 Cr.P.C. in connection with Cr.No. 26/2020 for offenses under Sections 420, 465, 468, 471, and 417 of IPC—The allegations stem from the submission of a fake marks card from Karnataka State Open University during an application for recruitment with Bengaluru Water Supply and Sewerage Board (BWSSB)—The university verified the marks card and reported it as fake—The petitioner admitted to obtaining a B.A. degree through an affiliated center of the open university—The court noted that since relevant documents are available at the center and the university, the petitioner has limited chances of tampering with evidence—Considering the petitioner’s willingness to cooperate with the investigation, the court granted anticipatory bail on furnishing a bond of...
riminal Procedure Code, 1973—Section 438—Anticipatory Bail—Agreement to Sell—Allegations of Cheating and Forgery—The petitioner sought anticipatory bail under Section 438 Cr.P.C., as accused no.1 in a private complaint lodged for offences under IPC Sections 418, 420, 465, 468, 469, 471, 504, and 506—The complaint alleged that the petitioner and his wife entered into an agreement to sell property for ₹1.5 crore and received ₹70 lakh as earnest money but later mortgaged the property, cheating the complainant—The petitioner argued that the dispute was civil in nature and had issued a notice canceling the agreement prior to the complaint—The Court noted that the dispute appeared civil and granted anticipatory bail with conditions, including furnishing a bond of ₹1 lakh, cooperating with th...
Penal Code, 1860 (IPC)—Sections 143, S.147, S.148—Anticipatory Bail—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act—The petitioner, accused No. 3 in Crime No. 29/2020, sought anticipatory bail for offenses under various IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act—The complainant alleged that the petitioner verbally abused him by invoking his caste name and threatened his life in the presence of villagers—The petitioner argued that there was no prima facie case against him, citing a counter complaint and claiming the incident did not occur in a public place, thus invoking Section 18(A) of the Act as a barrier to bail was inappropriate—The High Court Government Pleader opposed the bail, asserting the complaint established a prima fac...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory bail in Crime No. 102/2020 of Cubbon Park Police Station for offenses under IPC Sections 420, 465, 468, 471 r/w 34—The complaint, lodged by the Senior Sub-Registrar, alleged that the petitioner and co-accused fabricated fake stamp papers and forged signatures to cheat the public, causing loss to the government—The Sessions Court had rejected the anticipatory bail plea, prompting this appeal—The petitioner argued that the allegations were baseless, claiming no involvement in the alleged forgery and highlighting existing civil disputes between the parties—The High Court, acknowledging that the offenses were not punishable by death or life imprisonment, found sufficient grounds to grant anticipatory bail, subject to conditions including cooperat...
Criminal Procedure Code, 1973 (CrPC)—Section 438—A bail application by the petitioner (Accused No. 1) in Crime No. 160/2019, the court addressed allegations under Sections 406 and 420 of the IPC, alongside the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004, and the Chits Fund Act—The petitioner had previously been denied bail but later surrendered to assist in the investigation, leading to the filing of the charge sheet—The complaint involved a doctor who alleged that he had deposited Rs. 15 lakhs with the petitioner for a promised return, which was not repaid despite demands—Considering the non-capital nature of the offences, the petitioner’s cooperation with law enforcement, his age of 66 years, and the absence of any criminal record, the court granted bail u...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 18, 18A—Anticipatory bail—Prima facie case not made out under the Act—Bail granted—Petitioners sought anticipatory bail in connection with Crime No. 66/2019, where they were charged under various IPC sections and the SC/ST Act—The complaint alleged that the accused organized a protest, used foul language, and disrespected the complainant’s caste—However, the petitioners were not named in the initial complaint, and their implication was based on subsequent statements—The court found that the dispute stemmed from ideological differences, not caste-based actions—Applying Prathvi Raj Chauhan (2020), the court held that if no prima facie case...
Penal Code, 1860 (IPC)—Section 109, Section 120B—The petitioner, accused No. 4 in Crime No. 107/2019, sought anticipatory bail under Section 438 of the Cr.P.C. for charges including murder and conspiracy against her husband, Shrinivas—The petitioner contended that she was falsely implicated and that the other accused had already been granted bail—The prosecution argued that she played a significant role in the murder and was absconding—Upon reviewing the case, the court noted that while the allegations against the petitioner were serious, they primarily involved abetting the crime rather than direct participation—The investigation was complete, and her presence was not deemed necessary for further inquiries—Balancing the facts, the court allowed the anticipatory bail application, imposing conditio...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail and Bail – SC and ST (Prevention of Atrocities) Act, 1989; Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013; IPC – Applicability of Sections 18 and 18A of the SC/ST Act – Grant of Bail/Anticipatory Bail—The petitioners sought anticipatory bail and regular bail in a case registered under Sections 3(1)(j) of the SC/ST Act, Sections 7, 8, 9 of the Manual Scavengers Act, and Sections 304, 338 r/w 34 IPC—The petitioners, trustees of a religious trust, were accused of employing two workers who died of asphyxiation while allegedly engaged in manual scavenging—The court observed that the scene of the incident was a rainwater harvesting well, not a manhole, questioning the applicability of the Manual S...
Criminal Procedure Code, 1973 (CrPC)—Section 438—The petitioner sought anticipatory bail in connection with Crime No. 429/2019, where his wife lodged a complaint against him and other accused under Sections 498A, 312, 323 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act—The trial court denied bail to the petitioner, citing specific allegations of ill-treatment and harassment by the accused, while granting bail to others—The court noted the history of the marriage, the wife's complaints of harassment related to dowry, and her attempted suicide—Emphasizing the need for opportunities for settlement in matrimonial disputes, the High Court granted anticipatory bail to the petitioner with stringent conditions, including surrendering to the Investigating Officer, cooperating with the investigation, a...
Indian Penal Code, 1860—Sections 406, 409, 419, 420, 465, 468 r/w Section 34—Anticipatory Bail—Bank Officer Accused of Forgery and Misappropriation—Prima Facie No Financial Benefit Derived by Accused No. 2—Bail Granted—In a case involving alleged forgery and misappropriation of funds by a bank officer (Accused No. 1) from the account of a deceased customer, the petitioner (Accused No. 2), who verified the fabricated withdrawal forms, sought anticipatory bail—The prosecution contended that without Accused No. 2's approval, the crime could not have occurred—However, the court observed that no financial benefit was derived by Accused No. 2 and that the entire amount was repaid by Accused No. 1—The court granted anticipatory bail to Accused No. 2, subject to conditions, stating that th...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail—Indian Penal Code (IPC)—Sections 406, 409, 419, 420, 465, 468 r/w Section 34—Bank Fraud—Grant of Bail—The petitioner (Accused No.3) sought anticipatory bail in connection with a bank fraud case—It was alleged that he verified and cleared fabricated withdrawal forms presented by Accused No.1, enabling withdrawals from a deceased customer's account—The trial court denied bail, citing the gravity of offenses involving forgery and economic loss—The High Court, however, observed that no financial benefit was derived by Accused No.3, and Accused No.1 had already repaid the misappropriated amount—As there was no prima facie overt act against Accused No.3, the court granted anticipatory bail, subject to conditio...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail—Indian Penal Code (IPC)—Section 307—Assault Case—Grant of Bail—The petitioner (Accused No.1) sought anticipatory bail in connection with Crime No.114/2019 for offenses under IPC Section 307, among others, involving an alleged assault on the complainant's family—The trial court had denied bail to the petitioner, noting that he was the prime accused who instigated the quarrel, while bail was granted to the co-accused as their involvement was secondary, and the injuries were simple—The High Court, however, observed that the injuries sustained were minor, the victims had been discharged from the hospital, and the investigation had concluded with the filing of the charge sheet—Therefore, the petitioner was granted ...
Penal Code, 1860 (IPC)—Section 34, Section 363—Criminal Procedure Code, 1973 (CrPC)—Section 438—The anticipatory bail application of the petitioner, the Court evaluated allegations of rape, abduction, and intimidation against him, arising from incidents that occurred between May 11, 2019, and November 15, 2019—The trial court rejected bail, citing the ongoing investigation and the petitioner's influence—However, the petitioner argued that the complainant's actions indicated consent, including her voluntary departure from her home and her subsequent residence, where the petitioner allegedly visited her multiple times—The Court noted that the prosecution's case relied on the complainant's delayed complaint and lack of immediate evidence—Ultimately, the Court granted anticipator...
Penal Code, 1860 (IPC)—Section 143, Section 147—Anticipatory bail under Section 438 of the Cr.P.C. related to Crime No.146/2019, accused Nos. 1, 4, 5, and 6 sought relief for charges including unlawful assembly and attempted murder—The prosecution alleged that the accused formed an unlawful assembly and assaulted the complainant and his relatives over a dispute involving a dog, resulting in injuries, including a severe head injury to the complainant's father—The petitioners argued the allegations stemmed from previous enmity, presenting the incident as a trivial altercation—While the court dismissed the bail plea for accused No. 1, it granted anticipatory bail to accused Nos. 2, 3, and 4 with conditions to appear before the magistrate, execute a personal bond, and refrain from tampering with evidence&mdas...
Penal Code, 1860 (IPC)—Section 34, Section 370—This petition seeks anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, for accused Nos. 4 and 5 in Crime No. 1/2020—The complaint lodged by the Deputy Director of Child and Women Development alleges that the petitioners unlawfully obtained a four-month-old child from A3, who claimed the child was given to them after the mother refused to keep it—The FIR includes charges under Sections 370(4), 370(6), 465, 468, 471 read with Section 34 of the IPC, as well as Sections 80 and 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015, and Section 21(1) of the Protection of Children from Sexual Offences Act, 2012—The court found no allegations of coercion or exploitation against the petitioners under Section 370 IPC—Given t...
The petitioner, Accused No. 2, Basavaraj Gaviyappa Indi, seeks anticipatory bail under Section 438 of the Cr.P.C. in Crime No. 35/2019 for offences under Sections 408, 471, 420, 465, and 468 of the IPC—The complaint alleges that he and another individual created forged documents to regularize a Junior Engineer's service—The petitioner contends that he acted on his superior's directions and highlights the significant delay in filing the complaint—over 33 years—suggesting ulterior motives—The prosecution argues that releasing the petitioner could impede their case—The court, recognizing the belated nature of the complaint and the petitioner's retirement, grants anticipatory bail with conditions, including cooperation with the investigation and a bond of ₹1,00,000—Failure to comply with...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Allegations of Domestic Violence and Attempt to Murder—The petitioners sought anticipatory bail in Crime No.156/2019 registered for offenses under Sections 498(A), 494, 307, and others of IPC and the Dowry Prohibition Act, 1961—The complaint alleged domestic violence, dowry harassment, and an attempt by the petitioners to murder the complainant and her child—The trial court rejected bail, citing the seriousness of the allegations—However, the petitioners argued that the complaint was fabricated, pointing out contradictions, including a lack of medical evidence for injuries—They also noted that the complainant's husband had been granted bail—The High Court, finding no wound certificate on record and considering the circumst...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Allegations of Sexual Harassment and Threats—The petitioner sought anticipatory bail in Crime No.226/2019 under Sections 143, 354(A), 354(D)(2), and other related sections of IPC, following a complaint by Kumari Sudha, alleging that the petitioner pressured her to marry him, despite her refusal and prior engagement, and threatened her life—The trial court rejected the petitioner's bail but granted it to other accused—The petitioner contended that the complaint arose from family disputes and did not justify imprisonment for life—The High Court, noting that the allegations did not warrant life imprisonment and required proof at trial, granted anticipatory bail with conditions, including regular court appearances, prohibition on tamperin...
The petitioner sought anticipatory bail under Section 438 of the Cr.P.C. in C.C. No. 2065/2019 for alleged violations of the Mines and Minerals (Development and Regulation) Act, 1957, and Karnataka Municipal Corporations Rules, 1977—The prosecution claimed the petitioner was transporting sand illegally, leading to a seizure by authorities—His initial bail application was rejected by the Sessions Judge, citing that the petitioner could not apprehend arrest since summons had been issued for his appearance—The Court found that since the seizure was completed, custodial interrogation was unnecessary—Considering the petitioner’s permanent residency and willingness to comply with conditions, bail was granted with specific stipulations, including surrendering to the trial court within ten days, regular appearances, ...
The petitioner sought anticipatory bail under Section 438 of the Code of Criminal Procedure in Crime No. 227/2019 registered for offences under the Essential Commodities Act, 1955—The prosecution alleged that the petitioner was involved in the illegal transportation of rice meant for public distribution—The police claim that the names of the petitioner and other accused were revealed during the apprehension of the vehicle transporting the rice—The petitioner contended that he was a stranger to the incident and was wrongly implicated due to a name similarity with one of the accused—The court found that the prosecution's case relied primarily on the statements of the apprehended individuals, and it concluded that the petitioner’s arrest was not warranted for the ongoing investigation—Consequently, the...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Illegal Sand Transportation—Mines and Minerals (Development and Regulation) Act, 1957. The petitioner sought anticipatory bail under Section 438 of CrPC in C.C. No. 2062/2019 for alleged offenses under Sections 4(1A) and 21 of the Mines and Minerals (Development and Regulation) Act, 1957, and related rules under the Karnataka Municipal Corporations Rules, 1977—The prosecution alleged the illegal transportation of sand—The petitioner argued false implication, procedural irregularities, and readiness to cooperate with authorities—The Sessions Court rejected his earlier bail application, noting adequate protection under law—However, the High Court granted anticipatory bail, citing the completion of seizure, lack of need for custod...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail—SC/ST (Prevention of Atrocities) Act, 1989—Section 18 Bar Inapplicable—Alleged Caste Abuse—Insufficient Prima Facie Evidence—In this case, the petitioners, Accused Nos. 2, 4, 5, 6, 8, and 9, sought anticipatory bail under Section 438 of CrPC in a matter involving offenses under Sections 143, 341, 323, 504, and 506 read with Section 149 of IPC and Sections 3(1)(R) and (S) of the SC/ST (Prevention of Atrocities) Act—The Court held that there was no prima facie evidence to show that the accused abused the victims based on caste, as the parties were not previously known to each other—The material did not substantiate the charges under the SC/ST Act, and thus, the bar under Section 18 of the Act did not apply—The petit...
Penal Code, 1860 (IPC)—Section 107, Section 108—This anticipatory bail petition under Section 438 of the Cr.P.C. was filed by petitioners (accused Nos. 1 and 2) in Crime No. 104/2019, charged with various offences under the IPC, including theft and fraud related to the unlawful lifting of pledged paddy bags—The complainant, National Collateral Management Services Limited, alleged that the petitioners breached their contractual obligations as collateral agents for the State Bank of India—The petitioners contended that the complaint was filed 49 days late, lacked specificity regarding the alleged loan, and asserted that they had cleared all dues—The court, noting the absence of substantial grounds for arrest, acknowledged the petitioners' permanent residency and assets, determining that custodial interrogat...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Petitioner, accused of misappropriating Rs. 1,76,000 from a deceased bank account holder by fraudulently reopening the account and facilitating unauthorized withdrawals, sought anticipatory bail—The complaint was filed after a delay of over two years—The petitioner argued that the amount had been recovered and returned, and no further custodial interrogation was necessary—The Court noted that the offenses were not punishable by death or life imprisonment, and the petitioner was a permanent resident and employee of the complainant bank—The Court granted anticipatory bail with conditions, including cooperation with the investigation, regular attendance at the police station, and prohibitions on tampering with witnesses—Bail granted. ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Penal Code, 1860 (IPC)—Section 34, Section 420—Anticipatory Bail—Fraud and Forgery Allegations—Joint Ownership and Loan Repayment—In this anticipatory bail petition under Section 438 of the Cr.P.C., petitioners (accused 1 and 2) sought pre-arrest bail in Crime No. 143/2019 for offences including forgery, cheating, and criminal conspiracy under the IPC—The complainant alleged that the petitioners created fraudulent loan documents and raised a loan without consent from other joint owners of the property inherited from their deceased father—The petitioners contended that the loan was raised with the consent of all brothers and was fully repaid, supported by a No Dues Certificate from the bank—The court acknowledged the joint ownership...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Dowry Prohibition Act, 1961—Section 3—Anticipatory Bail Granted – Domestic Violence Allegations—In this anticipatory bail petition filed under Section 438 of the Cr.P.C., the petitioner, accused No. 1 in Crime No. 156/2019, sought pre-arrest bail in a case involving serious charges under IPC Sections 498A, 494, 504, 448, 323, 506, 307, and the Dowry Prohibition Act—The complainant, Malathi Y., alleged domestic violence and attempted murder following a tumultuous relationship with the petitioner, who denied the allegations, claiming the complaint was fabricated and delayed—The court noted the lack of specific evidence of injury or harassment and highlighted the petitioner’s stable residency and employment—Emphasizing that custodial ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail—Offenses Under Sections 409, 420 IPC—Misappropriation of Funds—Conditions Imposed—The petitioner sought anticipatory bail under Section 438 of CrPC in Crime No.129/2019, registered for offenses under Sections 409 and 420 IPC—The complaint alleged that, as President of the SDMC, the petitioner misappropriated government funds by withdrawing Rs.5,84,000 through multiple cheques in violation of a government circular—The petitioner argued that the withdrawals were made with joint signatures, and no direct evidence necessitated his arrest—The prosecution contended that the investigation was ongoing, but no evidence required the petitioner’s apprehension for recovery—The court granted anticipatory bail, noting tha...
Prevention of Corruption Act, 1988—Sections 7(a), 7A, 13(1)(a), 13(1)(b)—Anticipatory Bail—No Direct Involvement of Petitioner—The petitioner, the Regional Transport Officer (RTO) of Vijayapur, sought anticipatory bail under Section 438 of CrPC in a corruption case filed by the Anti-Corruption Bureau (ACB) alleging corrupt practices at the RTO office—During a raid, unaccounted cash was seized from the premises, but no incriminating material was found in the petitioner's office—Although he was absent during the raid, the panchanama revealed no direct allegations against him—The court granted anticipatory bail, noting the lack of necessity for the petitioner's arrest and imposing conditions, including a personal bond of ₹60,000, regular attendance before the Investigating Officer, and rest...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail—Unlawful Assembly and Assault—Sections 120B, 143, 147, 148, 323, 326, 307, 341, 395, 397, 504, 506 IPC—Accused Nos. 1 and 13 filed separate anticipatory bail petitions under Section 438 CrPC in connection with Crime No. 89/2019, involving serious charges including unlawful assembly, assault, and robbery—The prosecution alleged that the accused formed an unlawful assembly, assaulted the complainant with stones, attempted to strangle him, and robbed him of ₹10,000—The petitioners claimed they were falsely implicated, with no eyewitnesses to the incident—The court observed that while the other accused had been granted bail, the severity of allegations against Accused No. 1 warranted the dismissal of his petition—However,...
Penal Code, 1860 (IPC)—Section 306—The petitioner, wife of the deceased who committed suicide on 17.05.2019, sought anticipatory bail following an FIR registered under Section 306 read with Section 34 of the IPC, based on a complaint from the deceased's father—A death note, allegedly implicating the petitioner and her family in provoking the suicide, was recovered during the investigation—The petitioner contended that the death note was not provided to her with the chargesheet—The High Court Government Pleader noted that the original note was sent for forensic analysis, with a promise to present it in court afterward—Given that the investigation was complete and the charge sheet filed, the court determined that custodial interrogation was unnecessary and granted anticipatory bail, imposing condition...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Illegal Sand Transportation—MMDR Act Offenses—In a petition challenging the order of rejection for anticipatory bail, the petitioners faced charges under Sections 4(1)(1A), 22, 42, and 21 of the MMDR Act for allegedly transporting sand illegally—The XII Additional District and Sessions Judge, Belagavi, rejected their bail plea, leading to this petition—The court noted that although the offenses were non-bailable and triable by a Special Court, they were not punishable by death or life imprisonment—Following precedent in Crl.P.No.102205/2019, where anticipatory bail was granted in a similar case, the court found no ongoing investigation and no risk of absconding or tampering with evidence—Thus, the court allowed anticipatory ba...
Anticipatory Bail—Absence of Direct Allegations—Sections 354, 504, 506, 509 IPC and POCSO Act—In this case, the petitioners, accused Nos. 2 to 4, sought anticipatory bail under Section 438 of the CrPC—The complaint filed by a 15-year-old girl alleged that accused No. 1 harassed her while traveling to school, but was silent on any specific allegations against the petitioners, who are the brother and parents of accused No. 1—The petitioners argued that their names were included solely due to their relationship with the accused—The High Court noted the absence of direct allegations and granted anticipatory bail, stating that there was no evidence to suggest the petitioners' involvement—The court imposed conditions including furnishing personal bonds, regular appearances before the investigating o...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—No Direct Allegations—Petitioners (accused Nos. 2 to 4) sought anticipatory bail in Crime No. 164/2019 for offenses under Sections 354, 504, 506, 509 read with Section 34 of IPC and Sections 8 and 12 of the POCSO Act—The complainant, a 15-year-old girl, alleged sexual harassment by accused No. 1 while traveling to school but made no specific accusations against the petitioners, who are the family members of accused No. 1. Petitioners argued their inclusion was due to their relationship with accused No. 1, not based on any involvement—The Court observed the complaint lacked direct allegations against the petitioners and their apprehension was unwarranted—Therefore, anticipatory bail was granted with conditions, including execution of perso...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Penal Code, 1860 (IPC)—Section 109, Section 34—Granted anticipatory bail to petitioners Veerendra and Basavaraj in connection with Crime No. 91/2019, pending before the Special Court, under various sections of the IPC and the POCSO Act—The prosecution alleged that the petitioners abetted the sexual assault of a minor by delivering a cell phone to the victim at the behest of the primary accused—However, the court noted that the only evidence against the petitioners came from family witnesses, which raised doubts about whether merely passing a cell phone constituted abetment of the crime—Given that the investigation was complete and no incriminating evidence was presented, the court found no reason to deny bail—The petitioners were ordered to ex...
Criminal Procedure Code, 1973 (CrPC)—Section 438—The petitioner, accused No. 11 in Crime No. 190/2018, sought anticipatory bail for offences under various sections of the IPC and the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989—He contended that since the remaining twelve accused were acquitted, he was entitled to similar relief—However, the prosecution argued that the petitioner had absconded during the trial of other accused and had not faced trial himself, demonstrating a tactic to evade justice—The Sessions Court had previously acquitted the other accused, but the petitioner’s absence led to a split-up charge sheet against him—The court concluded that the petitioner’s evasion of trial reflected negatively on his conduct, justifying the dismissal of his bail a...
Criminal Procedure Code, 1973—Section 438—Indian Penal Code, 1860—Section 447 r/w Section 34—Anticipatory Bail—Petitioners-accused Nos.1 & 2 sought anticipatory bail in a case registered for trespassing and obstructing public work by locking a water supply facility (jackwell)—Allegation based on eyewitness accounts; petitioners alleged to have been absconding—Court held that no elaborate discussion on merits permissible at bail stage—Grounds raised and documents filed support apprehension of arrest—Objections of prosecution regarding witness tampering addressed by imposing conditions—Anticipatory bail granted subject to conditions. ...
(A) Penal Code, 1860 (IPC)—Section 120B and 420—Criminal Procedure Code, 1973 (CrPC)—Section 438—Prevention of Corruption The Aircel-Maxis case involved allegations of corruption and money laundering. The court considered the grant of anticipatory bail in such cases, recognizing that it could potentially hinder the investigative process. Granting anticipatory bail during the investigation stage may impede the ability of the investigating agency to interrogate the accused effectively and collect vital information or concealed materials. Custodial interrogation is seen as a crucial part of the investigative process as it can lead to the discovery of material facts and relevant information. The court emphasized that the grant of anticipatory bail must strike a balance between an individual's right to per...
A. Criminal Procedure Code, 1973—Sections 438 & 439—Bail and Anticipatory Bail—Accused in serious offences under Sections 143, 147, 148, 341, 427, 324, 326, 307, 302, 120B read with 149 IPC—Bail granted to accused Nos. 5 and 11 on ground of parity with other accused already released—Absence of specific overt acts against petitioners and prolonged custody without trial justified bail. (Paras 4, 11, 13) B. Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Accused No. 13, alleged mastermind and conspirator, absconding since registration of case—Bail petition dismissed for lack of new grounds and risk of absconding or tampering with evidence—Liberty granted to surrender and apply for regular bail. (Paras 6, 8, 11, 12) C. Criminal Law—Unlawful Assembly and Co...
A. Criminal Procedure Code, 1973—Section 438—Anticipatory bail—Grant of—Offence under Sections 143, 147, 306 r/w 149 IPC—Allegation of abetment of suicide by non-payment of salary—No prima facie material to show direct involvement of accused—Bail granted—Where petitioners (accused Nos.1 to 3) were not directly involved in abetment of suicide and petitioner No.1 was a woman holding a responsible position in Gram Panchayat, and petitioners Nos.2 and 3 were not government officials, anticipatory bail can be granted with conditions—Offence not punishable with death or life imprisonment—Enmity between complainant and petitioners also noted. (Paras 7–9) B. Indian Penal Code, 1860—Section 306—Abetment of suicide—Ingredients—Mere administrative lapses or ...
A. Criminal Procedure Code, 1973—Section 438—Anticipatory bail—Grant of—Offences under Sections 23, 108, 129(A), 166, 167, 177, 403, 197, 199, 200, 420, 426, 463, 464, 468, 471, 504, 506 r/w 149 IPC—Accused are public servants (Village Accountant and Revenue Inspector)—Alleged to have facilitated mutation of names in revenue records—Dispute civil in nature—Bail granted—Where the accused are government officials alleged to have entered names in mutation records in discharge of official duties, and where the underlying dispute is of civil nature regarding title to immovable property, anticipatory bail can be granted with conditions—Allegations based on documentary evidence—No risk of tampering—Offences not punishable with death or life imprisonment. (Paras 8–9) ...
A. Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Grant of—Economic Offence—Alleged misappropriation of university funds by Vice-Chancellor (Accused No.1) and Registrar (Finance) (Accused No.2) in collusion with others—Funds transferred to persons not on university rolls as guest faculty—Petitioners contended complaint was result of malice, complainant having been removed from Executive Council on their report—Petitioners not likely to abscond and willing to co-operate—Held, offences not punishable with death or life imprisonment—Allegations require trial—Petitioners being public officials unlikely to flee jurisdiction—Anticipatory bail granted with conditions. (Paras 3–7) B. Criminal Law—Misappropriation of Public Funds—Allegation of...
Bail—Anticipatory and Regular Bail—Sections 438 and 439 Cr.P.C.—Offences under Sections 323, 324, 341, 109, 447, 504, 506, and 307 read with Section 34 IPC—Allegation of assault and attempt to murder in a land dispute—Earlier counter FIR by accused—Injuries grievous but not life-threatening—Investigation pending—No chargesheet filed—Bail granted subject to stringent conditions—Prevention of witness tampering and ensuring attendance—Not punishable with death or life imprisonment—Trial to decide disputed facts—Balance of convenience favors bail with safeguards—Facts: Petitioner-accused No.4 sought anticipatory bail under Section 438 Cr.P.C., while accused Nos.1 to 3 applied for regular bail under Section 439 Cr.P.C., in connection with Crime No.72/2019 of Ha...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Offences under Sections 406, 420, 468 read with 34 IPC—Allegation of Cheating and Forgery in Land Sale Transaction—Parity with Co-Accused—Investigative Custody Not Required—Bail Granted—Petitioner sought anticipatory bail in Crime No. 09/2019, registered for offences under Sections 406, 420, 468 r/w 34 of IPC, wherein it was alleged that accused persons, including the petitioner (accused No.4), cheated the complainant in a land transaction involving impersonation of the true owner—Petitioner was stated to be a real estate agent involved in the conspiracy—Other co-accused were already enlarged on anticipatory bail—The specific role of the petitioner, being on similar footing, is to be established during trial—...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Allegations under SC/ST (Prevention of Atrocities) Act, 1989, Section 3(1)(p)(s) and IPC Sections 46, 420, 504, 506 r/w 34—Accused officials of Financial Services Ltd. accused of fraud, cheating, and caste-based abuse—Complainant’s vehicle hypothecated and seized due to loan default—Petitioners claim false and malicious prosecution—No clear prima facie case under Section 18(A) SC/ST Act to exclude anticipatory bail—Supreme Court precedent (Dr. Subhash Kashinath Mahajan v. State of Maharashtra, (2018) 6 SCC 454) clarifies that absolute bar under Section 18 not applicable in mala fide or frivolous cases—Court holds inherent power to grant anticipatory bail if complaint is prima facie false—Petitioners granted anticip...
Petition under Section 438 Cr.P.C. for anticipatory bail in Crime No. 99/2019, registered under Sections 3(1)(R), 3(1)(U) of SC/ST (Prevention of Atrocities Amendment Ordinance, 2014) and Section 504 IPC—The complaint alleges caste-based abuse by the petitioner-accused as reported in a newspaper in 2019, relating to an incident arising from a 2015-2016 Panchayat Ombudsman order on alleged misuse of power—The petitioner contends innocence, delay in lodging the complaint, and claims the case is false—The State opposes bail, citing bar under Section 18 of the SC/ST Act and apprehensions of witness tampering—The Court notes the delay in filing and absence of serious allegations specifically invoking caste-based abuse against the petitioner—Applying the Supreme Court principle in D. Subhash Kashinath Mahajan v. St...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Offences under Sections 406 and 420 IPC—Allegation of collecting Rs.1,02,02,000/- from public under guise of arranging pilgrimage tours—Accused No.1 already enlarged on bail—No complaint filed by individual tourists—No direct evidence of money transferred to accounts of petitioners/accused Nos.2 to 6—Internal dispute between parties alleged—Held, offences not punishable with death or life imprisonment—Petitioners entitled to anticipatory bail on grounds of parity and absence of direct incriminating material—Bail granted with stringent conditions. ...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Prevention of Corruption Act, 1988—Sections 13(1)(a), 13(2)—Indian Penal Code—Sections 420, 465, 468, 471, 120B—Transfer of Development Rights (TDR) Scam—Custodial Interrogation—Economic Offence—Missing Official Files—Rejection of Bail Justified—Where the petitioner, a BBMP official, was alleged to have conspired with others to fraudulently issue Transfer of Development Rights (TDRs) worth ₹56.33 crores in favour of non-entitled persons by manipulating Khatha transfers and inflating acquired land extent in Survey No.132, Kowdanahalli Village, and was accused of causing wrongful loss to BBMP and wrongful gain to private parties: ...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—SC/ST (Prevention of Atrocities) Act, 1989—Sections 3(1)(r), 18A—Complaint and Counter Complaint—No Prima Facie Case—Anticipatory Bail Granted—The petitioner sought anticipatory bail in Crime No.8/2019 registered at Yadrami Police Station for offences under Sections 323, 504, 506 r/w 34 IPC and Section 3(1)(r) of the SC/ST (Prevention of Atrocities) Act, 1989—The prosecution alleged that the petitioner assaulted and threatened the complainant when the latter attempted to sell bulls to two individuals—However, the petitioner contended that he had earlier filed a complaint about illegal transportation of cattle, and the present complaint was a counterblast—The High Court noted that there existed complaint and counter...
Anticipatory Bail—Section 438 CrPC—SC/ST (Prevention of Atrocities) Act, 1989—No prima facie offence under SC/ST Act made out—Delay in lodging complaint—Allegations not supported by caste-based abuse—Complaint found to be mala fide—Court empowered to grant anticipatory bail where provisions of SC/ST Act are not prima facie attracted—Bail granted with conditions—Petitioners, including a retired official and government employees, sought anticipatory bail in connection with an offence under Sections 324, 109 r/w 34 IPC and Section 3(2)(va) of the SC/ST Act—The complaint, filed three days after the incident, alleged physical assault but did not contain any specific accusation of caste-based abuse—The Court noted the absence of ingredients necessary to attract the bar under Sect...
Criminal Procedure Code, 1973—Section 438—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Anticipatory Bail—Bar under Section 18—Applicability—Allegation of assault and abuse by accused for recovery of loan—Offences under Sections 323, 355, 504, 506 r/w 34 IPC and Sections 3(1)(r)(s), 3(2)(va) of SC/ST (PA) Act—Petitioner a medical practitioner—Held, no absolute bar to anticipatory bail under SC/ST Act where prima facie case is not made out or complaint appears mala fide—Relying on Dr. Subhash Kashinath Mahajan v. State of Maharashtra, (2018) 6 SCC 454—Accused to surrender and cooperate with investigation—Bail granted with conditions. [Paras 7–11] Petitioner apprehended arrest in a case involving alleged caste-based abuse and assaul...
Criminal Procedure Code, Section 439(2)—Cancellation of anticipatory bail granted under SC/ST (POA) Act, 1989—Whether bail rightly granted—Held, anticipatory bail rightly granted where no prima facie case made out or complaint appears mala fide—Dismissal of State’s petition to cancel bail justified—State’s petition under Section 439(2) Cr.P.C. challenging anticipatory bail granted to accused in offence under SC/ST (Prevention of Atrocities) Act and Section 376 IPC was dismissed—Though bar under Section 18 of SC/ST Act exists against grant of bail after charge sheet, Supreme Court precedents hold no absolute bar if no prima facie case or case appears mala fide—Investigation completed; charges against one accused dropped—Material showed accused No.3 acquainted victim and sexually a...
Anticipatory Bail—Alleged Offences under IPC Sections 506, 323, 504 r/w 34 and SC/ST (Prevention of Atrocities) Amendment Act, 2018—Prima Facie Mala fide Complaint—Counterblast Case—No Serious Offences Attributed—Bail Granted with Conditions—The petitioner/accused sought anticipatory bail in Crime No. 24/2019 involving charges of criminal intimidation, voluntarily causing hurt, intentional insult with intent to provoke breach of peace, and offences under the SC/ST (Prevention of Atrocities) Amendment Act—The case arose from a dispute over repayment of a small loan and alleged caste-based abuse and assault—It was found that the present complaint was filed as a counterblast after an earlier complaint (Crime No.23/2019) was lodged by the petitioner against the complainant the same day—The...
Criminal Procedure Code, 1973—Section 439(2)—Cancellation of Bail—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 18—Scope—Anticipatory Bail—Allegation of caste-based abuse and attempt to murder—Allegations found to be general and omnibus—Prima facie case of mala fide intention by complainant—Bail order upheld—Petition filed by the State under Section 439(2) Cr.P.C. seeking cancellation of anticipatory bail granted to respondents-accused under Section 438 Cr.P.C. in a case registered under various provisions of IPC and the SC/ST (Prevention of Atrocities) Act, 1989—Prosecution alleged that the accused assaulted and abused the complainant, a Scheduled Caste person, with reference to his caste, and attempted to kill him during a proper...
Criminal Procedure Code, 1973—Sections 439, 438—Indian Penal Code, 1860—Sections 143, 147, 148, 324, 307, 302, 120B, 201 r/w 149—Regular Bail—Anticipatory Bail—Murder Allegation—Delay in Recording Witness Statements—Bail Granted to Accused Nos.6 & 8—Anticipatory Bail Denied to Accused No.7 Due to Abscondence—Petitioners/accused Nos.6 and 8 sought regular bail under Section 439 CrPC, and accused No.7 sought anticipatory bail under Section 438 CrPC, in a case involving charges including murder, conspiracy, and unlawful assembly—Held, charge sheet had already been filed—No specific overt act or presence of accused Nos.6 and 8 was alleged at the scene—Allegations against them primarily related to conspiracy and planning, which are matters for trial—Delay i...
Criminal Procedure Code, 1973—Section 428—Set-off of period of detention undergone by accused as undertrial—Concurrent sentences—Appellant convicted in five connected cases under UAPA and IPC, sentenced to 7 years in each, to run concurrently—Trial Court denied set-off in three cases on ground that custody not continuous—Held, once body warrant was executed and accused produced before Court, and no bail or release shown thereafter, custody deemed to be continuous—Accused entitled to set-off for entire period in all cases—Trial Court erred in holding otherwise—Appeal allowed—Accused having completed sentence and deposited fine, ordered to be released forthwith—Where the appellant was in judicial custody pursuant to body warrants in multiple cases and was not released on bail...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Indian Arms Act, 1959—Section 25(1A)—Allegation that accused used a sword to cut birthday cake causing fear among public—FIR lodged by police constable based on information received—No independent witness statements on record—Sanction for prosecution under Section 25(1A) not yet obtained from District Magistrate—Held, mere possession or display of a sword during private celebration without intention to terrorize does not prima facie attract offence under Section 25(1A)—Accused being a woman whose mother recently passed away—Anticipatory bail granted with conditions—In the absence of material showing intent to use a weapon for terrorizing the public, and without prior sanction from the District Magistrate as m...
Criminal Bail—Section 439 & 438 Cr.P.C.—Regular Bail and Anticipatory Bail—Accused in Illegal Transportation of Minerals Case—Crime No. 10/2019—Offences under Section 379 IPC and Sections 21(1), 21(4), 21(4A) of Mines and Minerals (Regulation and Development) Act—Investigation ongoing—Petitioners implicated on basis of statements of co-accused—No direct evidence against some petitioners—Registration of FIR and private complaint coexistence—No violation of High Court guidelines—Non-bailable offence but not punishable with death or life imprisonment—Bail granted on stringent conditions—Conditions include personal bond, non-indulgence in similar offences, non-tampering with witnesses, restricted travel, and regular appearance before Investigating Officer—...
Criminal Procedure Code, 1973—Sections 438 and 439—Anticipatory Bail and Regular Bail—Indian Penal Code, 1860—Sections 143, 147, 148, 323, 324, 341, 307, 504, 506 read with Section 149—Unlawful assembly and attempt to murder—Election rivalry and local enmity—Injuries sustained are simple in nature—Investigation pending—Bail granted with conditions—Two petitions relating to Crime No.48/2019 of Jagalur Police Station, Davanagere, for offences under Sections 143, 147, 148, 323, 324, 341, 307, 504, 506 read with Section 149 IPC, were taken up for common disposal—The petitioners sought anticipatory and regular bail respectively—The allegations involve unlawful assembly, assault with deadly weapons, and attempt to murder due to election rivalry and local enmity—Injury...
Anticipatory Bail—Section 438, CrPC—Petitioners accused under Sections 406, 468, 471, 419, 420 read with Section 34, IPC—Allegations of fraud and cheating by promising site allotment through Karnataka Slum Development Board and receiving money—Petitioners claim to be social workers, denial of receiving money, and pending legitimate application before the Board—Police assert prima facie case and custodial interrogation requirement—Offences serious but not punishable with death or life imprisonment—Court notes no strong material against petitioners after three months, permanent residents with social roots—Bail granted with stringent conditions including personal bond with sureties, prohibition on witness tampering, cooperation with investigation, prohibition of similar offences, deemed custody...
Anticipatory Bail—Section 438, CrPC—Accused facing non-bailable offence under Section 306, IPC (abetment to suicide)—Petitioners alleged to have lent money and harassed deceased leading to alleged suicide—Petitioners claim financial incapacity, denial of loan, and false complaint—Police contend accused absconding and required for investigation—Offence serious but not punishable with death or life imprisonment—Court grants anticipatory bail with stringent conditions including personal bond, non-interference with witnesses, jurisdiction restriction, periodic attendance, and deemed custody for recovery under Section 27, Indian Evidence Act—No prejudice to prosecution in granting bail—Petition allowed. ...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Offences under Sections 399 and 402 IPC—Accused alleged to be part of gang preparing for dacoity—Charge sheet filed, petitioner arrayed as absconding accused—No material collected by IO showing petitioner was evading arrest—Petitioner is permanent resident with family and property—Offences not punishable with death or life imprisonment—Held, anticipatory bail can be granted with conditions—Petition allowed. ...
The petitioner/accused No.1 sought anticipatory bail under Section 438 of Cr.P.C. in connection with Crime No.27/2019 registered at Chintamani Town Police Station for offences under Sections 376 (Rape), 493 (Cohabitation caused by a man deceitfully inducing a belief of lawful marriage), and 420 (Cheating) of the IPC—The allegations made in the complaint assert that the petitioner made a false promise of marriage to the complainant, which led to physical relations on multiple occasions—The complainant contends that the petitioner, after engaging with her in November 2017, took advantage of the situation, exploiting her under the pretext of marriage—The complainant also cited a warning from a police officer regarding the petitioner’s conduct—The defence argued that there was no intention from the outset to dece...
Criminal Procedure Code, 1973 (CrPC)—Section 438—This petition for anticipatory bail was filed by the petitioner-accused No. 4 under Section 438 of the Cr.P.C., seeking relief in the event of arrest in Crime No. 234/2018 of Bajpe Police Station, Mangaluru City, for offences under Sections 8(c) and 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985—The complaint alleged that on 13.08.2018, the police received information about the sale of ganja at a shop named Fashionate—Upon search, 1kg 140 grams of ganja was found and seized from the shop, leading to the registration of a case—The petitioner-accused No. 4 was implicated based on a voluntary statement from accused No. 3, who alleged that the ganja was supplied by the petitioner—The petitioner contended that he was falsely implicated and h...
Criminal Procedure Code, 1973—Section 438—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 3(1)(r), 3(1)(s), 3(2)(v-a)—Anticipatory Bail—Allegations of caste-based abuse—Bar under Section 18A—Applicability. Petitioners/accused Nos. 3, 10, 2, and 5 sought anticipatory bail in connection with Crime No.10/2019 registered at Women Police Station, Tumkur, under provisions of SC/ST (Prevention of Atrocities) Act and IPC sections including 498A, 323, 342, 504, 506 read with 34 IPC—Complainant alleged harassment and assault following her inter-caste marriage, but no specific attribution of caste-based abuse by the petitioners was made in the complaint—The Court noted that, in the absence of any specific allegations of caste abuse by the petitioners, the ...
Criminal Procedure Code, 1973—Section 438—Indian Penal Code—Sections 323, 324, 504, 506, 354(B) r/w 34—Protection of Children from Sexual Offences Act, 2012—Sections 8 and 12—Anticipatory Bail—Parity—Educational Grounds—Absence of Direct POCSO Allegation—Bail Granted with Conditions—Petitioner, accused No.1, sought anticipatory bail under Section 438 Cr.P.C. in Crime No.33/2019 registered for offences under IPC and POCSO Act—Allegations pertained to a group assault arising out of prior enmity, wherein the petitioner allegedly bit the complainant’s daughter and caused injury—However, the more serious allegations under POCSO were attributed to accused No.2, who had already been granted bail—Court considered the educational background of the petitioner ...
A. Criminal Procedure Code, 1973—Section 439—Regular Bail—Economic Offences—Women Accused—Grant of Bail—Accused Nos—2, 4, and 5, all women, were granted regular bail under Section 439 CrPC for offences under Sections 420, 465, 467, 468, and 471 IPC, arising from alleged financial diversion by Accused No.1 (an employee of the complainant company)—Although the alleged offences were serious and economic in nature, their status as women, absence of prior criminal records, cooperation in investigation, and lack of need for further custodial interrogation weighed in favour of bail—Proviso to Section 437 CrPC also considered. (Paras 11, 12, 17) B. Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Economic Offences—Rejection—Anticipatory bail und...
A. Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Misappropriation by Government Employee—Postal Department—Grant of Bail—Petitioner, a former postal employee, alleged to have misappropriated ₹1,05,650/- collected from SB/RD account holders without crediting to official accounts—Offences under Sections 406, 408, 409, and 420 IPC—Held, whether misappropriation occurred is a matter for trial—Petitioner no longer in service and thus, risk of tampering with evidence is minimal—Alleged offences not punishable with death or life imprisonment—Anticipatory bail granted with stringent conditions. (Paras 3, 4, 7, 8) B. Indian Penal Code, 1860—Sections 406, 408, 409, 420—Criminal Breach of Trust and Cheating by Public Servant—Misappropriation of Dep...
Criminal Procedure Code, 1973—Sections 438 & 439—Anticipatory bail and regular bail—Murder and destruction of evidence—Case based on circumstantial evidence—No eyewitnesses—Allegation against accused includes conspiracy and involvement in murder due to personal animosity—No direct incriminating evidence against some accused—Presence necessary for investigation—Accused ready to cooperate and abide by conditions—Held, anticipatory bail and bail granted subject to stringent conditions to meet ends of justice. ...
Criminal Procedure Code, Section 438—Anticipatory Bail—Accused Nos.2 and 4 in Crime involving offences under Sections 341, 307, 504, 506 read with 34 IPC—Allegation of assault with hockey stick and fist causing grievous injury—Investigation pending—Accused absconding—Injured discharged from hospital and out of danger—Offences not punishable with death or life imprisonment—Bail granted subject to conditions including personal bond, surrender to investigating officer, regular police attendance, non-tampering with evidence, travel restriction, and prohibition from similar offences—Ends of justice met—Petition allowed. ...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 3(1)(r), 3(1)(s), 18A—Delay in Complaint—No Prima Facie Case—Anticipatory Bail Granted—The petitioner, a Head Constable, sought anticipatory bail in connection with Crime No.62/2019 registered under Sections 504, 506 IPC and Section 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act, 1989—Allegation was that the petitioner had abused the complainant (also a Head Constable) in filthy language by referring to his caste, over a phone call made to a third person—The alleged incident occurred on 27.01.2018 but the complaint was filed almost a year later, on 18.01.2019. ...
Criminal Procedure Code, 1973 (CrPC)—Section 438, Section 439—For bail and anticipatory bail in Crime No.196/2018 registered at Bandepalya Police Station, Bengaluru, accused petitioners sought relief in offences punishable under Sections 341, 365, 506 r/w Section 34 of IPC and Sections 3(1)(v), (viii), (ix), and (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act—The complainant, a police officer, alleged wrongful restraint, kidnapping, and intimidation with a backdrop of a land dispute—The petitioners challenged the invocation of the Atrocities Act, asserting mala fide inclusion of caste-related allegations, as no such claims appeared in the initial complaint and surfaced only in subsequent statements—The Court observed that prima facie, the allegations under the Scheduled Castes ...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—No Reasonable Apprehension of Arrest—Mere Fear Not Sufficient—Petition Dismissed—The petitioners sought anticipatory bail under Section 438 of Cr.P.C. on the ground of a potential complaint by petitioner No.1’s wife, following marital discord—The petitioners contended that a letter from the wife requesting mediation indicated a possibility of future criminal proceedings and thus apprehended arrest—The Court, after reviewing the facts and legal precedents, held that mere fear or vague apprehension is not sufficient to invoke Section 438—The Court emphasized the requirement under Section 438 that the applicant must show a "reason to believe" based on tangible and reasonable grounds that arrest in a non-bailable o...
Anticipatory Bail—Section 438 CrPC—Allegations of Sexual Assault, Theft, and Criminal Intimidation—Delay in Filing Complaint—Contradictory Circumstances—Bail Granted with Stringent Conditions. The petitioner/accused No.2 sought anticipatory bail under Section 438 CrPC in Crime No.216/2018 registered at Byatarayanapura Police Station for offences under Sections 376D, 354C, 380, 323, 506 r/w 34 IPC—The complaint alleged that petitioner, a PG manager, had stolen gold articles and coerced the victim into cooperating with other male accused for sexual exploitation, leading to a gang rape on 18.03.2018—The incident was reported only on 26.05.2018, raising questions of delay—The defence argued that the complaint was a result of a dispute over unpaid rent and food charges, as substantiated by t...
Anticipatory Bail—Section 438 CrPC—Offence under Section 420 r/w 34 IPC—Engagement Broken—Alleged Cheating—Disputed Facts to be Tried—Bail Granted with Conditions. The petitioners, accused Nos. 1, 5 and 6, sought anticipatory bail under Section 438 CrPC in Crime No. 436/2015 registered for the offence under Section 420 read with Section 34 IPC—The complaint alleged that during the engagement ceremony of the complainant’s daughter with accused No. 1, the petitioners received ₹3 lakhs and gold articles towards marriage expenses—Subsequently, the marriage was postponed citing accused No. 1’s accident, and later he refused to marry, leading to allegations of cheating—The defence contended that the refusal was due to accidental injuries and not a fraudulent intent—T...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Dowry harassment—Matrimonial dispute—Allegation of demand for car, physical assault, and threats—Delay in filing complaint—Petitioner working as Assistant Director—Offences not punishable with death or life imprisonment—Bail granted with conditions—Accused No.1 filed a petition under Section 438 CrPC seeking anticipatory bail in Crime No.5/2019 registered for offences under Sections 114, 323, 504, 506, 498A read with Section 149 of IPC and Sections 3 and 4 of the Dowry Prohibition Act—The complainant, his wife, alleged dowry demand and physical harassment including an alleged incident on 30.12.2018—The petitioner contended that the complaint was filed belatedly as a counterblast to an earlier assault complain...
Criminal Procedure—Anticipatory Bail—Sections 438 CrPC—Sections 143, 147, 148, 323, 324, 307, 120(B) r/w 149 IPC—Case and Counter-case—Conditions Imposed. Petition under Section 438 CrPC was filed by accused Nos.1 to 4 seeking anticipatory bail in Crime No.381/2018 of Bidadi Police Station, registered under Sections 143, 147, 148, 323, 324, 307, 120(B) r/w 149 IPC—Allegations included conspiracy and assault with deadly weapons, causing grievous injuries, including severing of an ear—It was submitted that the case arose from existing enmity and is counter to Crime No.382/2018—The accused claimed the injuries were not life-threatening, the victims were discharged from hospital, and co-accused (Nos.5 to 8) were already granted anticipatory bail—The State opposed bail citing serious o...
This is a petition under Section 438 of the Criminal Procedure Code filed by the petitioners/accused seeking anticipatory bail in Crime No.89/2019 registered at K.R. Puram Police Station for offences under Sections 471, 419, 406, 420, 506, and 120B of the Indian Penal Code—The complainant alleged that accused No.1 falsely represented himself as the owner of government land and took ₹8.5 crores from him, issuing cheques that were dishonoured—The petitioners, alleged to be associated with Sowparnika Developers, were implicated in the conspiracy—However, the complaint contains no specific allegations against the petitioners, and it was submitted that the developer company had only entered into an agreement with the father of accused No.1 in 2013–2014, unrelated to the transaction in question—The Court noted th...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Indian Penal Code—Sections 406, 420, 120B r/w 34—Bank Fraud—Allegation of Fake Gold Pledging—Proclaimed Offender—Parity in Bail—Discretion—Bail Granted with Conditions. The petitioner/Accused No.43 sought anticipatory bail under Section 438 Cr.P.C. in a case registered under Sections 406, 420, 120B r/w 34 IPC, alleging a large-scale fraud involving pledging of fake gold in 141 bank loan accounts causing a loss of ₹2.85 crores—The fraud was allegedly facilitated by a bank appraiser and manager—The petitioner contended that he was falsely implicated, his name did not appear in the FIR, and the transactions were approved based on the appraiser’s certificate—He sought bail on grounds of parity ...
Criminal Procedure, 1973—Section 438—Anticipatory Bail—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Protection of Children from Sexual Offences (POCSO) Act, 2012—Entitlement to Bail—Proclaimed Offender—The petitioner/accused No.1 sought anticipatory bail in connection with offences under Sections 376(2)(i) r/w 34 IPC, Sections 5(g) and (l) r/w Section 6 of POCSO Act, and Section 3(2)(v-a) of the SC/ST (Prevention of Atrocities) Act—The Trial Court denied bail relying on the Supreme Court’s decision in State of M.P. v. Pradeep Sharma [(2014) 2 SCC 171], treating the petitioner as a proclaimed offender—On appeal, the High Court found that although a non-bailable warrant was issued, no proclamation under Section 82 Cr.P.C. had been executed against the ...
Penal Code, 1860 (IPC)—Section 447—The petitioner–accused No.2 filed a petition under Section 438 Cr.P.C. seeking anticipatory bail in Crime No.477/2008 (C.C. No.93/2014) registered at Bidadi Police Station, Ramanagara, for offences under Section 447 of IPC and Sections 3 and 4 of the Explosive Substances Act, 1908—The case arose from allegations that the petitioner and others were found illegally drilling rock using explosives, but fled upon seeing the police—The petitioner had earlier obtained anticipatory bail but failed to appear before the trial court, leading to issuance of NBW and proclamation under Sections 82 and 83 Cr.P.C—The petitioner contended that he was unaware of the subsequent proceedings and believed the matter had concluded after his initial release—He further stated that accuse...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Offences under Sections 143, 147, 148, 302, 363, 324, 355, 506, 327, 114 r/w 149 IPC—Caste-Based Assault and Murder—Bail Refused Due to Active Role and Abscondence. The petitioner/accused No.3 sought anticipatory bail under Section 438 Cr.P.C. in Crime No.83/2018 of Thirumalashettyhalli Police Station for serious offences including Section 302 IPC, arising from a caste-related group assault leading to the victim’s death—The complaint alleged that the petitioner, along with others, abused the deceased with casteist slurs and assaulted him with a nilgiri stick, contributing to fatal head injuries, corroborated by the postmortem report—The petitioner relied on the Supreme Court's ruling in Dataram Singh v. State of U.P., AIR 2...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Offence under Section 420 r/w Section 34 of IPC—Allegation of Cheating in Sale of Immovable Property—Civil Dispute Given Criminal Colour—Anticipatory Bail Granted. The petitioner/accused No.1 filed a petition under Section 438 Cr.P.C. seeking anticipatory bail in Crime No.251/2014 (PCR No.465/2014) of Kyathasandra Police Station, Tumakuru, registered for the offence punishable under Section 420 read with Section 34 IPC—The complaint alleged that the accused sold a site belonging to a third party by manipulating documents, thereby cheating the complainant—It was contended by the petitioner that the dispute pertains to a civil transaction involving an agreement of sale, and the criminal case arose out of mala fide intention&mdash...
Criminal Procedure Code, 1973 (CrPC) - Section 164, Section 438 Protection of Children From Sexual Offences Act, 2012 - Section 10, Section 11(iii), Section 12, Section 7, Section 8, Section 9(p) ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Criminal Procedure—Anticipatory Bail—Economic Offences—Parameters for Grant of Bail—Petition Dismissed—The petitioner, Accused No.2, sought anticipatory bail under Section 438 Cr.P.C. in connection with a case registered for offences under Sections 420, 120B IPC and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988—The case relates to obtaining a Rs.80 crore term loan from a government financial institution using fraudulently inflated property valuations in collusion with valuers (accused Nos. 4 & 5)—The loan turned into a Non-Performing Asset (NPA), prompting revaluation, which revealed a significant drop in property value, suggesting fraudulent conduct—The Court, relying on judgments including Y.S. Jagan Mo...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Seeking anticipatory bail in Crime No.357/2018 registered at Kengeri Police Station for offences under Sections 504, 506, 324, 307 IPC and Sections 3(1)(r), 3(1)(s), 3(1)(c), 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the Court examined the applicability of the bar under Section 18A of the Act on anticipatory bail—The complainant alleged assault with iron rods and caste-based abuse by accused persons related to a business dispute—The Court noted that Section 18A bars anticipatory bail in atrocity cases, but the Supreme Court in Dr. Subhash Kashinath Mahajan v. State of Maharashtra held that anticipatory bail may be granted if the complaint is mala fide or lacks prima facie evidence—No material showed mala fide intent he...
The petitioner/accused No.2 sought anticipatory bail under Section 438 Cr.P.C. in Crime No.221/2018 related to illegal transportation of sand and offences under Sections 188, 379, 341, 323, 504, 353, 332 r/w Section 34 IPC, and various provisions of the Karnataka Minor Mineral Concessions Rule and Mines and Minerals Development and Regulation Act, 1957—The Court noted that the petitioner was not specifically alleged to have committed overt acts of assault or abuse, unlike accused No.1—Considering that accused No.5, the tractor owner, was granted bail on similar facts, the Court allowed bail on the ground of parity—The offences do not attract death or life imprisonment—The petitioner was ordered released on anticipatory bail subject to conditions including personal bond of Rs.2,00,000 with sureties, surrender within...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail—Sections 406, 420 IPC—Allegation of criminal breach of trust and cheating in obtaining loan from Canara Bank under Unnathi Scheme—Accused Directors alleged to have colluded with supplier accused in availing loan fraudulently without supply of goods—Petitioners/accused Nos.1 and 2 sought anticipatory bail—Bank complaint and recovery suit filed against accused No.4 by company—Investigation ongoing—Petitioners produced company’s certificate of incorporation and PAN card, denying involvement in fraud—Held: Prima facie case shows involvement of accused Nos.3 and 4 in fraud, but petitioners/accused Nos.1 and 2 not directly implicated—Considering ongoing investigation and cooperation of petitioners, anticipat...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Central Goods and Services Tax Act, 2017—Section 132—Allegation of Tax Evasion by Fake Invoicing—Bail Granted with Conditions—Petitioners sought anticipatory bail under Section 438 CrPC in relation to proceedings under Section 132 of the CGST Act, alleging issuance of fake invoices without actual supply of goods to fraudulently avail input tax credit—Petitioners contended they cooperated with investigation and feared arrest despite no offence being made out, as taxes had been paid—They argued the maximum punishment is five years, the offence is compoundable, and is not punishable with death or life imprisonment—The prosecution opposed bail, citing ongoing investigation, economic impact, and possible tampering of evidence...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 3(1)(r), 3(1)(s), 3(1)(z), 3(1)(zc)—Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Bar under Section 18A—Prima Facie Case—Bail Rejected—Anticipatory bail petition filed by accused nos.1 to 4 under Section 438 CrPC in connection with Crime No.176/2018 registered at Kodigehalli Police Station for offences under IPC Sections 498A, 323, 341, 354, 406, 342, 417, 506 r/w Section 34; Sections 3 and 4 of Dowry Prohibition Act; and provisions under the SC/ST (Prevention of Atrocities) Act, 1989—Petitioners contended that the complaint was filed with mala fide intent and accused nos.3 and 4 were not residing with accused no.1, the complainant’s husband—They sought protection under Dr. Sub...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Human Trafficking Racket—Role of Accused Not Prima Facie Established—Bail Granted on Parity. Petitioner (accused no. 8), a Head Constable, filed an anticipatory bail application under Section 438 CrPC in respect of Crime No. 287/2018 registered at Cottonpet Police Station for serious offences under Sections 109, 371, 419, 120B, 370, 471, 474, 343, 420, 114, 465, 468 read with Section 34 IPC relating to an alleged human trafficking racket involving illegal movement of women, primarily from Nepal, for prostitution and illegal jobs abroad—The complaint was lodged by a Special Enquiry Officer, CCB, and pursuant to a raid at Sudha Lodge, 35 women were rescued—The petitioner’s name did not appear in the FIR or complaint but surfaced ...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Assault on KEB Officials During Disconnection Drive—Bail Granted—Petitioners sought anticipatory bail under Section 438 CrPC in Crime No. 138/2018 registered at Janwada Police Station for offences under Sections 323, 324, 332, 353, 504, 506 r/w 34 IPC—Allegations stemmed from a complaint by a Junior Engineer with KEB, who, during a recovery drive for electricity dues, alleged assault by the petitioners when illegal power supply to their premises was being disconnected—The petitioners argued that the complainant, a Section Officer, lacked authority to visit their home for disconnection or recovery and that no offence under Sections 353 and 332 IPC was made out—The injury sustained was minor, and petitioners were permanent residents w...
Criminal Procedure Code, 1973—Anticipatory Bail—Economic Offences—Fraud—Bail Refused—Liberty to Renew Bail after Chargesheet—In a case involving serious allegations of conspiracy, cheating, and fraud in securing a loan of ₹205.2 crores based on inflated property valuations, the petitioner (Accused No.2), a sitting MLC and Director of the accused company, sought anticipatory bail—The complaint alleged that the petitioner colluded with valuers (Accused Nos.4 and 5) by bribing them to furnish inflated distress sale value certificates to secure the loan, thereby causing huge financial loss—The Court, while acknowledging the human right of presumption of innocence and the parameters for bail laid down in Siddharam Satlingappa Mhetre v. State of Maharashtra [(2011) 1 SCC 694], held that economic...
Criminal Procedure Code, 1973 (CrPC)—Section 438, Section 482. Anticipatory Bail—Civil Dispute Given Criminal Colour—Delay in Lodging Complaint—Bail Granted with Conditions. In Crl. P. No. ___/2019, petitioners/accused Nos. 1 and 2 sought anticipatory bail under Section 438 CrPC in Crime No. 167/2018 registered by High Grounds Police Station for offences under Sections 406, 420, 504, and 506 r/w 34 IPC—The complainant alleged that the petitioners induced him to invest ₹15.55 crores for leasehold mining rights, but failed to deliver possession or refund the amount, also allegedly issuing threats during a later meeting—Justice B.A. Patil held that the dispute appeared predominantly civil in nature arising from a failed commercial transaction—Relying on Rashmi Jain v. State of UP (2014) 1...
Criminal Procedure Code, 1973 (CrPC)—Section 438. Anticipatory Bail—SC/ST Act—Prima Facie Case—Delay in Filing Complaint—Judicial Scrutiny—No Absolute Bar.The Karnataka High Court allowed a petition under Section 438 Cr.P.C., granting anticipatory bail to accused Nos.1 to 6 in Crime No.304/2018 registered at Soladevanahalli Police Station for offences under Sections 324, 307, 354, 363 r/w 149 IPC and Sections 3(1)(r), 3(1)(s), 3(1)(w) of the SC/ST (Prevention of Atrocities) Act—The Court noted a 10-day delay in lodging the complaint, absence of medico-legal intimation to police despite hospitalization, and inconsistencies in the complainant’s narration—It was also observed that no specific caste-based abusive words were identified and an omnibus statement was made—Relying on...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—SC/ST (Prevention of Atrocities) Act, 1989—Section 18A—Dowry Allegations—Caste Abuse—Prima Facie Bar Not Attracted—Petitioners/accused Nos.2 to 4 sought anticipatory bail under Section 438 Cr.P.C. in Crime No.322/2018 registered under IPC Sections 465, 468, 498A read with Section 34, Sections 3(1)(r), 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989, and Section 4 of the Dowry Prohibition Act—The complainant alleged caste-based abuse and dowry harassment—It was noted that petitioner No.3 (accused No.4) had already been arrested and hence his bail plea was dismissed as infructuous—With respect to petitioners/accused Nos.2 and 3, the Court held that mere mention of the complainant’s caste or reference ...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Sections 305, 354(A), 354(D) IPC and Section 12 of POCSO Act—Alleged Suicide Due to Harassment—Bail Granted. The petitioner/accused sought anticipatory bail under Section 438 Cr.P.C. in Crime No.218/2018 registered at Bethamangala Police Station for offences under Sections 305, 354(A), 354(D) IPC and Section 12 of the POCSO Act—The complaint alleged that the petitioner harassed the deceased minor girl with threats of uploading her photos online, leading her to consume poison and subsequently die—The petitioner had earlier been granted anticipatory bail when the case was registered under Sections 355 and 306 IPC—After inclusion of POCSO Act provisions, he apprehended arrest again—It was argued that the deceased, in her ini...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Discrepancy in Identity—Allegation of Assault—Bail Granted with Conditions—In a petition under Section 438 Cr.P.C., the petitioner sought anticipatory bail in a case registered for alleged assault and criminal intimidation—The FIR, based on a complaint dated 16.03.2016, mentioned two accused—Muttappa and Rajappa—but did not specifically name the petitioner—The prosecution later claimed that the petitioner and “Muttappa” are the same individual, while the petitioner denied such identity and claimed false implication—The petitioner contended there was no overt act attributed to him in the complaint or charge sheet, and no witness identified him directly—The prosecution argued that during investigati...
Criminal Procedure Code, 1973 (CrPC)—Section 438. Anticipatory Bail—Bank Officials—Allegations of Criminal Breach of Trust, Cheating and Forgery—Section 438 Cr.P.C—Bail Granted. The petitioners, Assistant Manager and Manager of Indian Bank, sought anticipatory bail under Section 438 Cr.P.C. in Crime No.317/2017 registered for offences under Sections 409, 417, 468, and 420 of IPC—The complainant, an 80-year-old woman, alleged that she and her retired husband had longstanding accounts with the bank and trusted the officials due to their age—On 06.07.2017, they allegedly handed over ₹15 lakhs for deposit, but only ₹10 lakhs were deposited—Later, ₹10.01 lakhs were withdrawn using a forged cheque, with the complainant alleging her signature was forged—The petitioners contend...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Offences under IPC Sections 255, 260, and 263-A—Allegation of posting envelopes affixed with fake postal stamps—Petitioner contested for Karnataka South-West Teachers Constituency Election 2018 and entrusted the posting of election-related letters to his clerk—Contention that he had no knowledge of the fake stamps and disclosed full details including the clerk’s mobile number to postal authorities—Delay of 6 days in filing complaint—Petitioner expressed willingness to cooperate, furnish sureties, and abide by conditions—State opposed bail citing petitioner’s abscondence and economic loss to the Government—Held, offences alleged are not punishable with death or life imprisonment—Accusations require trial...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Wildlife Protection Act, 1972—Sections 9, 49, 51 etc—Bail and Anticipatory Bail—Tiger Skin Seizure—Accused Caught Red-Handed—Bail Refused—Accused Named via Voluntary Statement—Anticipatory Bail Granted with Conditions—Criminal petitions were filed by accused persons in FOC No.22/2018 involving the illegal possession and trafficking of tiger skin under the Wildlife Protection Act, 1972—Accused No.1 sought regular bail under Section 439 Cr.P.C., while accused Nos.3 and 4 sought anticipatory bail under Section 438 Cr.P.C—Accused No.1 was apprehended red-handed near Yelawala in possession of tiger skin—Investigation revealed prior involvement in similar offences, including trafficking leopard skin—The Court, con...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Offence under Section 306 IPC—No Prima Facie Instigation—Ground of Parity—Bail Granted—Petitioners, arrayed as accused Nos. 1 and 3, sought anticipatory bail in Crime No.154/2018 registered for offences under Sections 323, 341, 306, 504, 506 r/w 34 IPC—The complaint alleged that the deceased committed suicide due to mental harassment related to a disputed land transaction involving the petitioners—The complainant claimed to have paid Rs.28,00,000/- to accused No.1 for purchasing land, which was later sold to another person—The Court held that there was no material indicating instigation or abetment by the petitioners as required under Section 107 IPC—Further, no direct allegation connected the petitioners to the in...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Misappropriation of Public Funds—Prima Facie Material—Bail Rejected Due to Gravity of Offence—Petitioners (accused Nos.1 to 3), former bank employees, sought anticipatory bail under Section 438 Cr.P.C. in two related criminal cases involving alleged misappropriation of ₹13.75 crores from Mysuru-Chamarajanagara District Central Co-Operative Bank—The prosecution alleged that loan amounts sanctioned for farmers were fraudulently diverted to personal accounts of the accused, based on an internal audit initiated after receiving farmer complaints—The defence argued that no audit was formally conducted, no farmer lodged a complaint, and the transactions lacked direct evidence of financial benefit to the accused—It was also contende...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Cheating Allegations—Civil Dispute—No Prima Facie Case of Abetment—Grant of Bail with Conditions—In a petition under Section 438 Cr.P.C., the petitioners (accused Nos.2 and 3) sought anticipatory bail in a case involving offences under Sections 405, 415, 420 r/w Section 34 IPC—The case arose from a complaint alleging that accused No.1 sold a property twice—first to the petitioners in 2013, and later entered into an agreement with the complainant in 2015, accepting ₹12.5 lakhs—The agreement was cancelled and re-executed the same day—The complainant filed a suit for specific performance and a criminal complaint, later referred under Section 156(3) Cr.P.C—The High Court noted that the main transaction was betw...
Criminal Procedure Code, 1973—Section 438—Anticipatory bail—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Allegation of caste-based abuse, assault, and threat—Complaint filed alleging petitioner/accused abused complainant with caste name, pulled her hair, touched her body, and threatened to kill—Petitioner contends initial complaint was filed by him, provisions under Section 3(1)(x) SC & ST Act no longer exist, complaint vague and lacking essential ingredients—Prosecution claims eye-witnesses, and bar under Section 18 SC & ST Act against grant of anticipatory bail—Court observes complaint lacks specific details regarding caste-based abuse and essential ingredients—Prima facie material not sufficiently attracted to invoke bar under Section 18—O...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Accused previously granted anticipatory and regular bail—Accused remained absent due to accident and filed exemption applications causing delay in trial—Trial court issued Non-Bailable Warrant (NBW) and notice to surety—No proclamation under Section 82 Cr.P.C—declaring accused a proclaimed offender—Supreme Court held in State of Madhya Pradesh v. Pradeep Sharma (2014) that anticipatory bail cannot be granted to proclaimed offenders—Petitioner assures regular court attendance without seeking exemptions—Considering facts and absence of proclaimed offender status, anticipatory bail granted subject to conditions—Conditions include personal bond of Rs. 2,00,000 with two sureties, surrender within 15 days, no tampering w...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Accused No.3 facing charges under Sections 354-A, 323, 506, 504 r/w 149 IPC and Sections 3(1)(r), 3(1)(s), 3(1)(w)(i) of SC/ST (Prevention of Atrocities) Act, 1989—Complaint alleges accused molested victim’s sister and tore her dress, along with intimidation and assault by other accused—No prima facie material found to attract Scheduled Castes and Scheduled Tribes Act against accused No.3—Offence not punishable with death or life imprisonment—Accused previously undertook not to engage in similar criminal acts—Court holds anticipatory bail can be granted with stringent conditions to prevent tampering with evidence and recurrence—Bail granted subject to conditions including personal bond of Rs. 2,00,000 with two sureties, ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—The petitioner/accused sought anticipatory bail in Crime No. 420/2018 registered at Peenya Police Station for offences under Sections 504 and 506 IPC and Section 3(1)(g) of the SC/ST (Prevention of Atrocities) Act, 1989—The complainant, a tenant of the accused, alleged caste-based abuse during a rental dispute—The petitioner contended that the dispute was civil in nature, involving rental enhancement and advance payment, and that no specific date, time, or public place of the alleged abuse was mentioned in the complaint—The Court observed that Section 18 of the SC/ST Act bars anticipatory bail, but clarified that where no prima facie case under the Act is made out, bail can be granted—It noted the absence of specific allegations meeting the statutory requ...
Criminal Procedure Code, 1973 (CrPC)—Section 438, Section 482—The petitioner sought anticipatory bail in a case registered under Sections 366, 376, 306, 109, and 34 IPC—The prosecution alleged that the petitioner eloped with the deceased, stayed in a lodge, and both attempted suicide due to familial opposition—While the deceased succumbed, the petitioner survived and was later arrested—The petitioner contended that the death note and the charge sheet materials did not support the allegations of abduction, rape, or abetment to suicide—It was argued that both individuals voluntarily decided to end their lives and there was no forcible act or instigation—The prosecution relied on witness statements to claim that the petitioner influenced the deceased, but no material evidence, including medical evide...
The petitioners, accused Nos. 1 and 2, sought anticipatory bail under Section 438 of Cr.P.C. in Crime No. 107/2018 registered at C.S. Pura Police Station, Gubbi Taluk, for offences under Section 379 IPC. The complaint, filed suo motu by the police on 23.10.2018, alleged illegal transportation of sand via a tractor-trailer (Reg. No. KA.06 TB.585-586), with the accused fleeing upon the police's arrival—The petitioners contended that the sand was being used for house repairs and not for commercial purposes, and that they were permanent residents and agriculturists willing to comply with any conditions—The State opposed bail, asserting that the accused were habitual offenders involved in sand smuggling and lacked requisite permits—After reviewing the complaint and records, the Court found that the offence was not punisha...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory bail in Crime No.154/2018 registered at Kolhar Police Station for offences under Sections 323, 341, 306, 504, 506 read with Section 34 IPC—The prosecution alleged that the complainant's son, Basavaraj, committed suicide due to threats and mental harassment by the petitioner and his brother, in relation to a land transaction involving Rs.28 lakhs—The petitioner, a Peethadipati of Digambar Math, contended that he had no role in the transaction, which was a civil dispute between the complainant and accused No.1, and that he was falsely implicated due to his brother's involvement—The Court noted the absence of material evidence showing that the petitioner instigated or aided the deceased in committing suicide—The sole allegation was a thr...
Penal Code, 1860 (IPC)—Section 143, Section 147, Section 149—Petition seeking anticipatory bail, the petitioners—accused Nos. 1, 2, and 4 in Crime No.586/2018 registered at Kadugondanahalli Police Station, Bengaluru—were charged under various IPC sections and provisions of the SC/ST (Prevention of Atrocities) Act, 1989, based on a complaint alleging trespass, demolition of property using a JCB, and caste-based abuse—The petitioners contended that the matter pertained to a civil land dispute pending in WP No.18316/2017 and that the allegations were fabricated to overcome an unfavorable interim order granted to them—The High Court observed that the complainant had earlier filed similar complaints and the records did not prima facie indicate caste-based motivation behind the incident—Citing Vilas Pan...
Criminal Procedure Code, Section 438—Anticipatory Bail—Allegation of Drug Trafficking—Accused Fled Scene Leaving Scooty and Ganja Bag—Bail Petition Dismissed—In a petition seeking anticipatory bail under Section 438 Cr.P.C., the petitioner was alleged to be involved in selling ganja, caught on credible information by police at the scene—The police found three persons exchanging handbags, and the petitioner fled the spot after throwing a bag containing 310 grams of ganja, leaving his scooty behind—The petitioner denied the allegations, claiming innocence and false implication, and argued that the quantity was not commercial—The trial court had rejected the bail application—On review, the High Court noted the serious allegations supported by the seizure and the petitioner’s flight ...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Forgery and Cheating—Misuse of Complainant’s Documents and TIN Number—Business Transactions Worth Crores Conducted Fraudulently—Bail Denied—Petitioners (accused Nos.1 and 4) sought anticipatory bail under Section 438 Cr.P.C. in Crime No.145/2018 registered for offences under Sections 193, 420, 463, 464, 465 read with Section 34 IPC—Allegation against accused No.1 was that he obtained documents from the complainant under the pretext of helping to establish a drip irrigation dealership, but later, in collusion with co-accused, forged documents and fraudulently obtained a TIN in complainant’s name—Accused Nos.3 and 4 used the TIN to conduct business transactions worth over ₹3 crores and paid taxes in complainant&rsq...
Negotiable Instruments Act, 1881 (NI)—Section 138—The petitioner sought anticipatory bail under Section 438 Cr.P.C. in connection with allegations of assaulting an Assistant Sub-Inspector (A.S.I.) who had gone to execute a non-bailable warrant—The prosecution alleged that the petitioner fled from the scene, later returned, and along with others, assaulted and attempted to strangulate the officer—The complainant A.S.I. received treatment on the same day at KIMS Hospital, Hubli, for tenderness injuries—The State opposed the bail, citing the petitioner’s habitual offender status and prior cases involving obstruction of public servants—The High Court observed that although Section 307 IPC was invoked, the injuries were not grievous and the complainant was treated on an outpatient basis—The Court...
Penal Code, 1860 (IPC)—Section 143, Section 14—Anticipatory and regular bail pleas filed under Sections 438 and 439 Cr.P.C. in Crime No.101/2018 registered for offences under Sections 143, 147, 148, 323, 307, 504, and 506 read with Section 149 IPC—The case involved a group assault, where the complainant’s husband was allegedly attacked with a knife by petitioner No.1 in Crl.Pet.No.102326/2018, resulting in serious injuries—The Court rejected the bail application of petitioner No.1 in Crl.Pet.No.102326/2018, noting the gravity of the offence, use of a knife, and targeting of a vital organ, concluding that he is not entitled to bail under Section 439 Cr.P.C—However, the Court allowed anticipatory bail for the petitioner in Crl.Pet.No.102325/2018 and regular bail for petitioner No.2 in Crl.Pet.No.102326/20...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Seeking anticipatory bail by accused Nos. 10, 11, 13–15, 18–22 in Crime No.347/2018 of Raibag Police Station, registered for offences under Sections 143, 147, 148, 341, 323, 324, 447, 427, 307, 306, 504, and 506 r/w 149 IPC—The allegations arose from a property dispute, wherein the petitioners and others allegedly damaged irrigation pipelines and assaulted the complainant's party—Subsequently, due to humiliation, one Sadashiv consumed poison and died—The prosecution opposed the petition citing serious allegations under Section 307 IPC—However, the Court noted that bail had already been granted to similarly placed co-accused, and the statements of injured witnesses did not indicate hospital treatment or grave injuries—The Court found ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Criminal Procedure—Anticipatory Bail—SC/ST (Prevention of Atrocities) Act, 1989—Cancellation of Bail—No Prima Facie Case—Petition Dismissed—The State filed a petition under Section 439(2) Cr.P.C. seeking cancellation of anticipatory bail granted by the Special Judge to the accused/respondents, booked under Sections 3(1)(r), 3(1)(s), 3(2)(v), and 3(2)(va) of the SC/ST (POA) Act, 1989—The prosecution alleged that the accused assaulted and abused the complainant in the name of caste—The Special Judge had granted anticipatory bail after observing that no prima facie case under the SC/ST Act was made out in the complaint, and the matter required trial for proper adjudication—The State contended that the bail order violated the sta...
Criminal Procedure Code, 1973 (CrPC)—Section 438—The petitioner sought anticipatory bail in connection with Crime No.94/2013 registered under Sections 419, 420, 468, 471 read with 149 IPC—The complaint alleged that forged documents, including a fake sale agreement purportedly executed by the complainant’s deceased father, were created to falsely claim ownership of land—The petitioner was not initially named in the FIR but was later arrayed as Accused No.6 following investigation and charge sheet filing—The petitioner contended that he was merely present during a government land survey on the instructions of the Tahsildar and did not participate in any forgery or conspiracy—He further submitted that all other accused are on bail, the alleged offences are non-heinous, and he is willing to comply wit...
Criminal Procedure Code, 1973 (CrPC)—Section 438—The petitioner sought anticipatory bail in connection with allegations of financial irregularities and violation of the Karnataka Transparency in Public Procurement Act, 1999, during his tenure as Resident Engineer at a University—The complaint alleged misappropriation of ₹6.81 crores by releasing funds to a supplier without following due procedure—The petitioner contended that the complaint lacked specific allegations of criminal intent against him, and that the supplied equipment had been duly received, verified, and certified by competent authorities—He argued that the dispute was civil in nature and denied any role in the alleged misconduct—He also undertook to cooperate with the investigation—The Court observed that the allegations were gener...
Criminal Procedure Code, 1973 (CrPC) - Section 173, Section 204, Section 438, Section 439(2), Section 482—Penal Code, 1860 (IPC) - Section 306, Section 498A—Anticipatory bail—The petitioner, a practicing advocate, sought cancellation of an anticipatory bail order granted to the second respondent by the Sessions Court on 05.07.2018, invoking Section 439(2) read with Section 482 Cr.P.C—The petitioner argued that anticipatory bail could only be granted when a person apprehends arrest by the police, not when a person has been summoned by the Magistrate’s Court—However, the Court rejected this argument, citing the established law that anticipatory bail under Section 438 Cr.P.C. can be granted even when a person apprehends arrest by the court following a summons issued by the Magistrate—This principle w...
Criminal Procedure Code, 1973 (CrPC)—Section 438, Section 438(2)—Granted anticipatory bail, and the investigation was completed—The appellant was released on regular bail by the Trial Court based on the Supreme Court's anticipatory bail—The Court didn't delve into whether this was appropriate but allowed the complainant to approach the Trial Court regarding bail conditions and deposits—The appeal was disposed of. ...
Conducted in-camera on the request of the parties—Notice issuance was unnecessary as the respondent-State was represented by Mr V Giri The Court reviewed the record and the High Court's order rejecting anticipatory bail—To make an informed decision, the Court directed the State to submit a status report on the ongoing investigation—The case was scheduled for the next hearing on August 6, 2018. ...
Criminal Procedure Code, 1973 (CrPC) - Section 438. Penal Code, 1860 (IPC) - Section 143, Section 308, Section 323, Section 332, Section 341, Section 353—Appeal pertains to an anticipatory bail application in a criminal case—The appellant sought anticipatory bail in connection with various charges under the Indian Penal Code—The High Court initially dismissed the application without providing reasons, leading to an appeal to the Supreme Court—The Supreme Court allowed the appeal, set aside the High Court's order, and remanded the case back to the High Court, instructing them to reconsider the bail application on its merits and in accordance with the law while considering their earlier order on the matter. ...
Criminal Procedure Code, 1973 (CrPC) - Section 437—Penal Code, 1860 (IPC) - Section 302—Accused (respondent No—2) claimed that his wife's death was an accident—The High Court granted bail to respondent No—2, and the petitioner challenged this decision—However, the Supreme Court found that the High Court's reasons for granting bail were not perverse, as it had considered relevant factors—The impugned order was a well-reasoned one, and strict bail conditions were imposed in the interest of the prosecution—Therefore, the Supreme Court dismissed the appeals, upholding the bail granted to respondent No—2. ...
(A) The Child Marriage Act, Secs.9, 10 and POSCO Act, 2012, Sec.4—Case for offences of—Hearing of—Jurisdiction of—The District Court, Designated as a Special Court, alone having power to deal with the matter—Even the bail and anticipatory bail and the hearing of the case itself. (Para – 19) (B) The Child Marriage Act, Secs.9, 10 and POSCO Act, 2012, Sec.4—Offences under—Bail for—Granting of, by the Judicial Magistrate— Maintainability of—The Magistrate have no power to pass any order on the bail application filed in the case registered under Secs.9, 10 of the Child Marriage Act, and Sec.4 of the POSCO Act, 2012—Hence granting bail to the accused/respondent totally not maintainable and accordingly liable to be set aside.(Para – 26) ...
Constitution of India, 1950—Article 134—Criminal Procedure Code, 1973 (CrPC)—Section 439, Section 439(2)—Penal Code, 1860 (IPC)—Section 302—Supreme Court of India dealt with three criminal appeals challenging the grant of bail by the High Court of Punjab and Haryana—The appeals arose from a case involving serious charges, including murder and conspiracy—The High Court had granted bail to the accused, but the Supreme Court found that the High Court had not properly considered the seriousness of the charges and the involvement of the accused—The Supreme Court set aside the bail orders and directed the authorities to take the accused into custody immediately—The Court also emphasized that bail should not be granted lightly in serious cases. ...
Criminal Procedure Code, 1973—Sections 438 and 439(2)—Murder of a child at Ryan International School—Appellant's child was a victim in the case, and the private respondents, including the school management, had been granted interim bail by the High Court—Document discusses various legal arguments and the High Court's decision to grant interim bail to the private respondents based on the lack of evidence against them—Appeal is ultimately dismissed. ...
Criminal Procedure Code, 1973 (CrPC)—Section 437—The case discusses the interpretation of Sub-clause (c) of Section 437(3) of the Criminal Procedure Code, which allows courts to impose conditions on the granting of bail in the "interest of justice." The Court acknowledges that the term "interest of justice" has the potential for a broad interpretation, but emphasizes that such conditions must not be arbitrary or fanciful—They must be aligned with the core purpose of ensuring the proper administration of justice and advancing the trial process—The Court warns against a broader interpretation that could lead to conditions beyond the scope of the provision's intended purpose—In the present case, the High Court had imposed certain conditions that were deemed excessive or not in line with t...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Penal Code, 1860 (IPC)—Section 109, Section 120B, Section 34, Section 406, Section 420, Section 498A, Section 506—That the complaints appeared to be driven by vengeance—As the appellant was a journalist and had been granted bail in a previous case, the Supreme Court allowed his anticipatory bail application, imposing conditions for his release upon arrest in connection with the new FIR. ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Penal Code, 1860 (IPC)—Section 404, Section 494, Section 498— Appellant had filed an anticipatory bail application in response to a case registered against him under various sections of the Indian Penal Code—Case was related to allegations of marrying another woman while his earlier marriage was subsisting, along with other allegations of cruelty, harassment, fraud, and threats—Appellant contended that he had not married the second woman, and evidence showed that the second woman had withdrawn her case against him—High Court had rejected his anticipatory bail application based on the second woman's earlier case—Supreme Court allowed the appeal, setting aside the High Court's order, and granted anticipatory bail to the appellant—H...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 18—Criminal Procedure Code, 1973—Section 438—Penal Code, 1860—Sections 323, 354 and 452—Grant of anticipatory bail—Legal bar—The complainant, belonging to a Scheduled Caste, alleged that the respondents entered her house, assaulted her, and used derogatory language based on her caste—The Supreme Court held that Section 18 of the SC/ST Act bars anticipatory bail in such cases, emphasizing the importance of preventing atrocities against Scheduled Castes and Scheduled Tribes—The High Court's grant of anticipatory bail was set aside, allowing the respondents to seek regular bail. ...
Criminal Procedure Code, 1973—Section 438—Appellant, a neurosurgeon, sought anticipatory bail after being accused of his wife's murder based on an anonymous letter—He argued that her death was natural, and her parents affirmed this—High Court rejected his application—However, the Supreme Court found the police's actions questionable, as they initiated the case more than a month after her death—Noting the lack of criminal history and cooperation from the appellant, the Court granted anticipatory bail, requiring a personal bond of one lakh rupees and sureties, with instructions not to interfere with witnesses. ...
Contempt of Courts Act, 1971—Section 12, Section 12(1), Section 2(c)—Grant of anticipatory bail—High Court in Rajasthan due to their agitated response to the murder of one of their leaders and perceived mishandling of the related criminal case—The Appellants argued that their criticism of class bias and improper administration of justice should not be considered contemptuous—They clarified a statement attributed to the fourth Appellant, explaining that it was directed at the authorities and police force, not the judiciary—However, the Court did not find the Appellants' apology to be made in good faith, and their stance in the contempt petition and filed affidavit did not inspire confidence in their sincerity. ...
Constitution of India, 1950—Article 134—Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory Bail—Cancellation of—Accused in a case filed against them after the killing of the complainant's husband by a contract killer—The motive behind the killing was to gain control over a certain institution—The Supreme Court took into account that the names of the accused had been mentioned in the First Information Report (FIR), which was lodged by the deceased's wife, the complainant in this case—Additionally, two of the accused were suspected by the husband of the complainant while he was alive—The court's considered opinion was that the High Court had erred in granting anticipatory bail to the accused-respondents at that stage without taking into consideration these fa...
Penal Code, 1860 (IPC)—Section 120B, Section 34, Section 380, Section 406, Section 409, Section 420, Section 438, Section 448, Section 456, Section 457, Section 467, Section 468, Section 471, Section 477A—Prevention of Corruption Act, 1988—Section 13, Section 13(1), Section 13(2)—The anticipatory bail of the appellants, who faced allegations of criminal breach of trust, cheating, and forgery by public servants related to the misappropriation of public funds for rural development, was canceled. The Revenue Commissioner and Deputy Commissioner had ordered an inquiry and filed FIRs against the appellants without any malice. Considering the appellants' conduct and the fact that the investigation was hindered due to their anticipatory bail, the High Court correctly revoked their anticipatory bail, initially granted ...
Criminal Procedure Code, 1973—Sections 437 and 438—Anticipatory bail—Grant or non-grant of bail depends upon a variety of circumstances and cumulative effect thereof enters into judicial verdict—Any single circumstance cannot be treated as of universal validity or as necessarily justifying grant or refusal of bail—Complaint filed against accused needs to be thoroughly examined, including aspect whether complainant has filed a false or frivolous complaint on earlier occasion—Court should also examine fact whether there is any family dispute between accused and complainant—Gravity of charge and exact role of accused must be properly comprehended—There is no justification for reading into Section 438 Cr.P.C. limitations mentioned in Section 437 Cr.P.C.—Plentitude of Section 438 must be gi...
Criminal Procedure Code, 1973 (CrPC)—Section 438, Section 439—Penal Code, 1860 (IPC)—Section 301, Section 302, Section 307, Section 34—Supreme Court of India considered an appeal against the grant of anticipatory bail by the High Court—The case involved serious charges under Section 302 of the Indian Penal Code—The complainant alleged that the accused persons had caused the deaths of two individuals in an act of revenge related to an election dispute—The Sessions Court had initially rejected the anticipatory bail application, but the High Court granted it—The Supreme Court set aside the High Court's order, emphasizing the importance of considering the nature and gravity of the accusation when granting anticipatory bail and directed the accused to seek regular bail in the Sessions Court. ...
Criminal Procedure Code, 1973 (CrPC)—Section 438, Section 82—Penal Code, 1860 (IPC)—Section 120B, Section 302, Section 34—Grant of anticipatory bail—Supreme Court of India, the State of Madhya Pradesh appealed against the grant of anticipatory bail to two respondents, Pradeep Sharma and Gudda, in a murder case—The prosecution alleged that the respondents conspired to poison the deceased over a political rivalry—The High Court had granted anticipatory bail without considering that the respondents were declared absconders and had not cooperated with the investigation—The Supreme Court, citing legal precedent, held that when a person is declared an absconder or proclaimed offender, they are not entitled to anticipatory bail—The High Court's orders granting bail were set aside, and the...
Constitution of India, 1950—Article 21—Criminal Procedure Code, 1973 (CrPC)—Section 437(1), Section 437(3), Section 438, Section 438(1), Section 438(2)—Penal Code, 1860 (IPC)—Section 420, Section 467, Section 468, Section 471— Appellant sought anticipatory bail after being charged with certain offenses under the Indian Penal Code. The High Court imposed a condition requiring the appellant to deposit a substantial amount of money in a fixed deposit in the name of the complainant as a condition for granting anticipatory bail. The Supreme Court examined the legality of this condition and concluded that it was onerous and unreasonable. The Court clarified that while conditions can be imposed for anticipatory bail, they must be reasonable and not defeat the purpose of bail. The Court set aside the condi...
Indian Penal Code, 1860—Section 326—Anticipatory bail—Involving the offense of causing grievous hurt by dangerous weapons under Section 326 of the Indian Penal Code cannot be granted at the stage when the investigation is ongoing and the determination of whether the case falls under Section 326 IPC depends on the completion of the investigation. Given that the investigation is not yet completed, and the weapon used in the offense has not been traced, this is not a suitable case for granting anticipatory bail.The orders passed by the Additional Sessions Judge and the High Court affirming those orders have been set aside, and the respondent has been given the liberty to apply for regular bail before the trial court. ...
Penal Code, 1860 (IPC)—Section 120B, Section 420, Section 463, Section 464, Section 471—Accusations of cheating, forgery, and criminal conspiracy, the High Court imposed a condition of depositing Rs.20 lakhs for granting anticipatory bail. This condition has been set aside. ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Penal Code, 1860 (IPC)—Section 302/34—Anticipatory bail—Cancellation—Charge of murder of son-in-law. It is prima facie difficult to believe that accused would threaten their son-in-law that they would ask their daughter to set herself on fire and then lodge a complaint against him, particularly, when at relevant time their daughter was pregnant. Accused who are aged and rustic are not influential persons holding high office who can bring pressure on investigating agency. Impugned order set aside. Anticipatory bail confirmed. ...
Bombay Public Trusts Act, 1950—Section 41E—Anticipatory bail to the appellant, who is the Founder President and Managing Trustee of Sinhgad Technical Education Society. The case pertains to allegations of forgery and cheating in relation to the lease and sale of properties owned by Pawan Gandhi Charity Trust. The courts below denied anticipatory bail due to concerns about the seriousness of the allegations and the need for custodial interrogation to obtain relevant documents. The appeal was dismissed, and the appellant was given two weeks to surrender and seek regular bail if desired. ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory bail—Rejection—Appellant is elder brother of husband of deceased woman. Deceased allegedly committed suicide after one year and eight months of marriage and she was pregnant at the time when she had taken her life. Appellant and other family members subjected deceased to cruelty with a view to demand dowry, right from date of marriage and also immediately before date of her death. Appellant was not available for interrogation and investigation and declared as absconder. When accused is absconding and declared as a proclaimed offender, there is no question of granting anticipatory bail. Appeal dismissed. ...
Criminal Procedure Code, 1973 (CrPC)—Section 167, Section 57—Anticipatory bail—The appellants herein have assailed the judgment and order of the High Court of Gujarat at Ahmedabad passed in Special Crl. Application alongwith Criminal Miscellaneous Application whereby the learned single Judge was pleased to dismiss the applications and thus upheld the order passed by the learned Magistrate permitting police remand of the appellants herein for three days for their interrogation in complaint case-The Court find substance in the plea raised on behalf of the appellants that the grant of order for police remand should be an exception and not a rule and for that the investigating agency is required to make out a strong case and must satisfy the learned Magistrate that without the police custody it would be impossible for the po...
Constitution of India, 1950—Article 21—Criminal Procedure Code, 1973 (CrPC)—Section 438, Section 439—Challenged the judgments and orders of the High Court of Patna, which had granted anticipatory bail to the respondents in a murder case—The case involved an FIR filed promptly after the incident, where the deceased was shot multiple times—The sessions judge had rejected anticipatory bail, citing strong motives and evidence against the respondents—The High Court, however, granted bail based on the presence of a previous dispute and the accused's good antecedents—The Supreme Court found that the High Court had not properly considered the seriousness of the offense and had shown undue sympathy—The anticipatory bail was canceled, allowing for regular bail applications in the future. ...
Criminal Procedure Code, 1973 (CrPC)—Section 164, Section 83—Penal Code, 1860 (IPC)—Section 120B, Section 201, Section 302, Section 34, Section 366—FIR against the respondent and others, alleging offenses under various sections of the Indian Penal Code, including murder and conspiracy—The respondent was granted anticipatory bail by the High Court, which the appellant challenged—The Supreme Court found that the High Court's decision to grant anticipatory bail was improper and without valid reason, given the gravity of the charges and the evidence against the respondent—Therefore, the Supreme Court set aside the High Court's order granting anticipatory bail. ...
Criminal Procedure Code, 1973 (CrPC)—Section 340—Penal Code, 1860 (IPC)—Section 192, Section 193, Section 196, Section 200, Section 406, Section 420, Section 467, Section 468, Section 471—Court granted anticipatory bail to an accused person under specific conditions. Here's a summary in 110 words: The appellant was granted anticipatory bail by the High Court in a case involving various criminal charges, subject to a condition that a certain document could not be used as evidence in a pending partition suit between the parties. The complainant and the accused were brothers, and a dispute arose over the authenticity of the document submitted by the accused in the civil court. The High Court had imposed the condition that the document couldn't be used in the civil suit. However, the Supreme Court found this co...
Constitution of India, 1950—Article 14, Article 141, Article 19, Article 19(1), Article 20(1)—Clarifies principles concerning anticipatory bail under Sections 438 and 439 of the Criminal Procedure Code, 1973 (CrPC)—The judgment emphasizes balancing individual liberty with societal interests, reflecting that anticipatory bail should not be unduly restricted—It highlights the legislative intent to uphold personal liberty and presumption of innocence until proven guilty—The Court asserts that anticipatory bail should generally continue until trial and should not be limited in duration, referencing the Constitution Bench judgment in Sibbia's case (1980) 2 SCC 565—Additionally, the Court notes that the power to grant or cancel bail is discretionary and should be exercised judiciously, ensuring that no ri...
Constitution of India, 1950—Article 21—Criminal Procedure Code, 1973 (CrPC)—Section 240(2), Section 437, Section 438 —Penal Code, 1860 (IPC)—Section 120B, Section 419, Section 420, Section 467, Section 468, Section 471, Section 473—Case involves an appeal by HDFC Bank against a judgment by the Madras High Court. The respondent, as the Managing Director of a construction company, obtained a loan from the bank under false pretenses. The bank filed a complaint, leading to a criminal case. The High Court granted the respondent anticipatory bail. The Supreme Court upheld the bail but modified the order to require the respondent to surrender before the trial court and seek regular bail. ...
Penal Code, 1860 (IPC)—Section 120B—Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory bail application of the appellant, facing charges under Sections 420, 467, 468, 120B of the IPC, was rejected without a proper consideration solely because the challan had been presented—The Supreme Court emphasized that anticipatory bail can be granted as long as the applicant is not arrested, and the court, whether the High Court or the Court of Sessions, must independently assess the situation—Denying anticipatory bail merely because a challan has been presented is insufficient under Sections 437 and 438 of the Cr.P.C. The court granted anticipatory bail to the appellant, highlighting that the merits of cheating and forgery allegations should be assessed during the trial. ...
Penal Code, 1860—120-B, 295-A, 377 r/w Section 34—Anticipatory Bail—Love-Jihad or Romeo-Jihad—False pretext of love—The names of the victim girls are not disclosed—For the sake of convenience, I would refer to the victim girls as the "Hindu girl" and the "Christian girl"—To solemnize such marriages, there need necessarily be any conversion of one party to the marriage from one religion to another—But in such cases, it is not love that is prominent, but religion—But under the pretext of love, there cannot be any forcible, compulsive or deceitful conversion—It destroys the divine and sublime love—Article 25 of the Constitution of India does not entitle a person to indulge in activities for compulsive religious conversion—There are indications that se...
Penal Code, 1860 (IPC)—Section 34, Section 403, Section 409, Section 420, Section 467—Criminal Procedure Code, 1973 (CrPC)—Section 438, Section 438(2)—Appellant, having been granted anticipatory bail, saw it cancelled by the High Court—The court observed that the considerations for granting and canceling bail differ—The appellant showed no interference with the administration of justice and did not abuse the granted concession—No supervening circumstances justifying bail cancellation emerged—The High Court interfered with the Sessions Judge's judicial discretion without sufficient grounds—Consequently, the impugned order was set aside, and the appeal allowed—The judgment underscores the nuanced factors guiding bail decisions and the necessity for clear grounds in bail cancell...
Dowry Prohibition Act, 1961—Section 34 and Sections 3 and 4—Penal Code, 1860 (IPC)—Sections 498A and 304B—Constitution of India—Article 21—Anticipatory bail—Criminal Procedure Code, 1973 (CrPC)—Section 438—Cancellation of anticipatory bail in a dowry death matter—The court held that mere fear is insufficient for bail cancellation; compelling and overwhelming circumstances are required—The High Court's cancellation of anticipatory bail, granted by the Sessions Judge with reasoned justifications, was deemed improper—The court emphasized that the Sessions Judge's considerations were not irrelevant or perverse—The absence of bail misuse allegations and a different opinion by the High Court on the same material weren't valid grounds for terming the Sessio...
Immoral Traffic (Prevention) Act, 1956—Section 5—Penal Code, 1860 (IPC)—Section 34, Section 342, Section 376, Section 376(2)—Criminal Procedure Code, 1973 (CrPC)—Section 154, Section 164, Section 438—Anticipatory bail—Applications by police officials, politicians, and a businessman accused of rape and immoral trafficking—The prosecutrix appeared to be a minor based on a birth certificate and radiological test—Despite the accused's names not being mentioned in the FIR, their absconding status and non-compliance with imposed conditions were noted—The court emphasized that the prosecutrix's character is irrelevant—The anticipatory bail order was deemed improper due to the accused's status and the need for reasons for granting bail—Granting anticipatory bail o...
Penal Code, 1860 (IPC)—Section, 149, Section, 302—In this case, sixteen accused individuals were tried for the murder of Siddanna Patil in 1983—The Trial Court acquitted all of them, but the High Court convicted eleven of the accused while confirming the acquittal of four others—The prosecution claimed that the accused conspired to kill the victim, and eyewitnesses testified to the attack—However, the Supreme Court found discrepancies in the eyewitness testimonies and ruled that four of the accused should be acquitted due to lack of evidence—The remaining three accused were convicted based on consistent witness testimonies and medical evidence, while one accused's appeal was dismissed due to abatement. ...
Criminal Procedure Code, 1973 (CrPC)—Section 438, Section 439—Validity of—Anticipatory bail in the Sohrabuddin murder case, where the accused held the position of Deputy Superintendent of Police, came into question. The grant of bail was criticized for overlooking concerns about potential witness influence, hindrance in the investigation, and the imperative need for custodial interrogation. Consequently, the order granting anticipatory bail was set aside, emphasizing the gravity of the charges. The fate of the regular bail application was deferred for determination by the trial court. This decision reflects the court's commitment to ensuring a thorough investigation and preventing undue interference with the legal process in a case of significant public interest. ...
Constitution of India, 1950—Article 136, Article 14—Criminal Procedure Code, 1973 (CrPC)—Section 173, Section 196, Section 197, Section 197(1),—Penal Code, 1860 (IPC)—Section 109, Section 114, Section 120B, Section 148, Section 149,—Related to anticipatory bail, was denied by the High Court, considering the severe nature of the incident, described as a case of merciless beating by a police officer resulting in death. Section 197, regarding sanction for prosecution, was invoked, asserting that the police officer's actions were not in the discharge of official duty but an illegal act under the guise of being a public servant. Section 210, pertaining to the stay of proceedings, was found inapplicable as the Chief Judicial Magistrate (CJM) lawfully proceeded with the case based on the complainant's ...
Allegation of abscondence—Same found running counter to material on record—Cancellation of bail sought on said ground, declined. Arms Act, 1959—Section 27—Penal Code, 1860 (IPC)—Section 120, Section 302, Section 307—In the case you provided, there is an allegation of abscondence against the appellant—However, this allegation is found to be inconsistent with the material on record—The prosecution claimed that the appellant had been absconding since the date of the incident, but this argument was contradicted by the fact that the appellant had not been shown as an absconder in the seven earlier charge-sheets filed over the years—Furthermore, the appellant had been elected to the Legislative Assembly in 2000 and 2005 and had been attending Assembly proceedings until he surrendered ...
Criminal Procedure Code, 1973 (CrPC)—Section 154, Section 164—Anticipatory bail—Alleging that Anuj Kumar and others assaulted her family, attempted rape, and looted their shop—An FIR was filed, and Anuj Kumar sought protection under Section 438, which was granted by the High Court—The appellant argues that the blanket protection given goes against the Code's scheme and legislative intent—They contend that protection should be limited, allowing the accused to apply for bail under Section 439 after arrest—The respondent argues that the protection aligns with precedent—The court clarifies that Sections 438 and 439 operate differently, with the latter requiring the person to be in custody—Anticipatory bail is not actual bail but an order directing release upon arrest—Precedents e...
Criminal Procedure Code, 1973, Section 438—Anticipatory Bail—After filing of charge-sheet or cognizance taken by the court—Permissibility of Held, YES—The object of Anticipatory bail to prevent undue harassment of the accused person(s) by pre-trial arrest and detention—The court has either taken cognizance of the complaint or investigating agency has filed a charge-sheet, would investigating not by itself, prevent the concerned courts from granting Anticipatory Bail in "appropriate cases"—The gravity of the offence is an important factor to be taken into consideration while granting such Anticipatory Bail ...
Penal Code, 1860 (IPC)—Section 307, Section 498A—Criminal Procedure Code, 1973 (CrPC)—Section 439(2)—Supreme Court allowed an appeal arising from the cancellation of anticipatory bail by the High Court in a matrimonial dispute—The appellants, involved in a strained marriage, obtained anticipatory bail with conditions, including reporting to the police—Subsequently, a complaint of threat was filed against them, leading to the cancellation of bail—The Court noted the delayed complaint, lack of immediate action, and inconsistencies in the affidavits, casting doubt on the authenticity of the allegations—Emphasizing the need for adherence to legal principles in bail cancellation, the Court held that the High Court's decision was unjustified, setting aside the impugned order and allowing the a...
Arms Act, 1959—Section 25(1)—Criminal Procedure Code, 1973 (CrPC)—Section 169—Penal Code, 1860 (IPC)—Section 114, Section 302—Anticipatory bail—Submission of cancellation report seeking discharge of accused—Supreme Court of India, the High Court had made certain critical observations about the appellants, who sought anticipatory bail and later filed a report under Section 169 of the Criminal Procedure Code (Cr.P.C.) to discharge the accused—The High Court accused the appellants of interfering with the administration of justice and suggested disciplinary action—The Supreme Court, however, found such observations unwarranted and directed that those observations, made from paragraph 16 to the end of the High Court's order, except the operative part, be expunged—The appeal ...
Evidence Act, 1872—Section 11—Penal Code, 1860 (IPC)—Section 300, Section 302—Jayantibhai Bhenkarbhai vs. State of Gujarat, an incident occurred in 1989 in Gujarat where Lalubhai Naranbhai was killed—Nine individuals were charged with various offenses, including murder—Four were acquitted, while five were convicted—Jayantibhai Bhenkarbhai appealed his conviction, claiming an alibi—The courts found that he had a strong alibi, as he was attending a hearing in Gandhinagar at the time of the incident—Therefore, the Supreme Court of India acquitted Jayantibhai Bhenkarbhai, highlighting the importance of a well-substantiated alibi in criminal cases. ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—Anticipatory bail —Validity—An appeal challenging a High Court order that granted anticipatory bail to the appellants under Section 438 of the CrPC but imposed a condition of depositing Rs. 10 crores—The appellants, facing allegations under various sections of the IPC, argued that the deposit condition was unjust—The Court, after hearing arguments, concluded that the High Court erred in exercising discretion by imposing the financial condition for anticipatory bail—The order was deemed improper, and the Supreme Court set aside the direction—The matter was remitted to the High Court for re-disposal of the petition under Section 438 of the CrPC in accordance with the law—The appeals were disposed of accordingly. ...
Criminal Procedure Code, 1973 (CrPC)—Section 438—An SLP challenging a High Court order directing a petitioner, who obtained anticipatory bail, to apply for regular bail after the expiry of the interim bail period—The Court upholds the necessity for limited duration in anticipatory bail orders, emphasizing the incomplete stage of investigation and the need for the regular court to assess evidence—It stresses that anticipatory bail doesn't bypass the trial court's jurisdiction—The petitioner is given two weeks to apply for regular bail, having failed to do so due to the interim extension granted by the Supreme Court. ...
Criminal Procedure Code, 1973 (CrPC)—Section 438, Section 438(1)—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which denies the application of Section 438 of the Code of Criminal Procedure for anticipatory bail in cases involving offences under the Act, does not violate Articles 14 and 21 of the Constitution of India—The Supreme Court upheld the validity of Section 18, considering the historical context of atrocities against Scheduled Castes and Scheduled Tribes and the need to prevent intimidation of victims and obstruction of justice—The court reasoned that the offences under the Act constitute a distinct class aimed at denigrating and subjugating these communities, justifying the exclusion of anticipatory bail provisions—This decision aligns with the legislative intent to addr...
Constitution of India, 1950 - Article 136—Penal Code, 1860 (IPC) - Section 300, Section 302, Section 34—Meera Srivastava, a young woman, died of burns in her apartment in 1974—Initially, the trial court convicted her husband, Ashok Kumar Srivastava, and two others for her murder, citing dowry-related disputes and other evidence—However, the High Court acquitted them, suspecting the reliability of key witnesses—The Supreme Court, in its judgment, disagreed with the High Court's findings, stating that the evidence against the accused was strong, including the conduct of the accused, their absconding, and other circumstantial evidence—Therefore, it allowed the appeal, set aside the acquittal, and reinstated the conviction and sentences imposed by the trial court. ...
Penal Code, 1860 (IPC)—Section 148, Section 149, Section 302—This case, examined the grant of anticipatory bail to Chandan Singh accused of murder—The incident, initially reported under Section 307 IPC, involved Chandan Singh firing upon Bhanwaria, leading to his death—Despite the serious nature of the offence, the Sessions Judge granted anticipatory bail on September 30, 1983—The High Court upheld this decision, prompting the appellant to appeal to the Supreme Court—The Court, emphasizing the stringent criteria for anticipatory bail under Section 438 CrPC, observed that Chandan Singh's influential status should not influence the decision—It highlighted the seriousness of murder charges and the need for judicious exercise of judicial discretion—Finding the grounds for anticipatory bail u...