Applications Under Sections 438 And 439 CrPC Not Maintainable For Offences Under Karnataka Protection of Interest of Depositors Act: High Court
2 years, 3 months ago

Applications Under Sections 438 And 439 CrPC Not Maintainable For Offences Under Karnataka Protection of Interest of Depositors Act: High Court

Live Law  

The Karnataka High Court has said that a petition under Section 438 or 439 of CrPC is not maintainable when offences under Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 are incorporated in the FIR. The Court said that since now bail is being sought for offence both under IPC and under the KPIDFE Act, 2004, any order regarding KPIDFE Act is required to be passed by the Special Court, whether it is under Section 439 of CrPC and otherwise is appealable. the bench said, "The order of the learned Special Judge is pertaining to rejection of the bail petition for the offence under Section 9 of the KPIDFE Act itself. Hence, it is evident that the petitioner is aggrieved by the order of the Special Court in respect of rejection of the bail for the offence under Section 9 of the KPIDFE Act.

Karnataka High Court Court Bail Order Ipc Fir Act Petition Petitioner This Act Crpc Provisions Special Court Section 439 Section 438 Section 16 Of 439 Kpidfe Karnataka Protection Kpidfe Act  act  order  petitioner  crpc  interest  maintainable  bail  offences  depositors  provisions  karnataka  petition  439  court  sections  kpidfe  high  protection

History of this topic

Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail
1 week, 5 days ago

Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail

Live Law  

Observing that the case shows "distressing picture of the criminal justice system's failure", the Punjab & Haryana High Court has set aside condition to pay Rs.1.10 crore in bail bond for granting default bail to an accused in Tax Fraud case. It further said that the failure to release the petitioner under Section 479 BNSS, when his right to default …

Karnataka High Court notice to government on plea against decision to withdraw 43 criminal cases, including against former MPs and MLAs
2 weeks, 6 days ago

Karnataka High Court notice to government on plea against decision to withdraw 43 criminal cases, including against former MPs and MLAs

The Hindu  

The High Court of Karnataka on Thursday asked the State government to respond to a PIL petition, which has questioned the legality of the Government Order issued in October 2024 for withdrawing 43 criminal cases, in which former Ministers, former MLAs, and persons belonging to influential organisations were arraigned as accused persons. Serious charges The serious charges under the provisions …

Persons can seek anticipatory bail in cases related to GST, customs even in absence of FIR: SC
3 weeks ago

Persons can seek anticipatory bail in cases related to GST, customs even in absence of FIR: SC

New Indian Express  

NEW DELHI: In a significant verdict, the Supreme Court on Thursday held that the provision of anticipatory bail is applicable to the Goods and Services Act and customs law and persons can move courts for pre-arrest bail even if an FIR is not in place. A bench comprising Chief Justice Sanjiv Khanna and Justices MM Sundresh and Bela M Trivedi …

S. 91 CRPC | Accused Cannot Be Directed To Secure Documents Related To Case From Authorities Using RTI Act: Karnataka HC
1 month ago

S. 91 CRPC | Accused Cannot Be Directed To Secure Documents Related To Case From Authorities Using RTI Act: Karnataka HC

Live Law  

The Karnataka High Court has said that an accused should not be driven for securing documents related to his case under the Right to Information Act, when an application is filed under Section 91 of the Criminal Procedure Code. A single judge, Justice M Nagaprasanna held thus while allowing a petition filed by the pontiff of Murugha Mutt of Chitradurga, …

'Life Without Liberty Is Like Bird With Crippled Wings': Orissa HC Releases Undertrial In Financial Frauds Case Citing Prolonged Detention
1 month ago

'Life Without Liberty Is Like Bird With Crippled Wings': Orissa HC Releases Undertrial In Financial Frauds Case Citing Prolonged Detention

Live Law  

The Orissa High Court ordered release of a person accused of committing multiple financial frauds involving lakhs of rupees after finding that as an undertrial, he has completed more than half of the period of sentence prescribed for the most grievous offence for which he has been charged for. Apart from the grounds on merits of the individual cases, the …

Anticipatory Bail Applications Should Only Be Filed Directly Before HC In Exceptional Circumstances: Karnataka High Court
1 month, 2 weeks ago

Anticipatory Bail Applications Should Only Be Filed Directly Before HC In Exceptional Circumstances: Karnataka High Court

Live Law  

The Karnataka High Court has said that unless there are exceptional circumstances to file an anticipatory bail application directly before the High Court, bypassing the Sessions Court, it will be prudent for the accused to approach the Sessions Court at the first instance seeking relief. It was argued that both Sessions Court and High Court have concurrent jurisdiction to entertain …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024
4 months, 1 week ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024

Live Law  

Allahabad High Court: IO Can't Be Forced To Get Statement Of A Particular Witness Recorded U/S 183 BNSS: Allahabad High Court Case title - Kajal And Another vs. State Of U.P. Kerala High Court: S. 250 BNSS | Court Has Discretion To Consider Discharge Plea Even After Prescribed Limit Of 60 Days: Kerala High Court Case Title: Sajith v State …

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC
4 months, 1 week ago

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that once the first anticipatory bail has been denied on merits and without there being change in the facts of the situation, the second application for the same relief under Section 482 BNSS cannot be entertained by making new arguments or twist by introducing new circumstances, development or material.Justice Kirti …

Whether All Criminal Pleas Filed After 1st July 2024 Will Be Governed By BNSS? Punjab & Haryana High Court Refers Issue To Larger Bench
6 months, 1 week ago

Whether All Criminal Pleas Filed After 1st July 2024 Will Be Governed By BNSS? Punjab & Haryana High Court Refers Issue To Larger Bench

Live Law  

The Punjab and Haryana High Court has referred the issue of applicability of the Bharatiya Nagarik Suraksha Sanhita, 2023 to a larger bench.Justice Harpreet Singh Brar disagreed with the opinion in Axxx v. UT Chandigarh where Justice Sumeet Goel had held that if a FIR is lodged under IPC but the application or petition in relation to it is filed …

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court
7 months, 2 weeks ago

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that when a government employee is accused of criminal misconduct for demanding and accepting a bribe, he will have to come out clean in a trial and even if he is exonerated in a departmental enquiry, the same would not come in the way of continuing the criminal trial against him. Manjunath had challenged …

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC
8 months, 2 weeks ago

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC

Live Law  

The Chattisgarh High Court has allowed a bail application upon observing that the right to expeditious trial is a fundamental right. The Court noted that under Section 193 of BNSS, it is the duty of the Investigating Officer to provide a police report and other documents to the accused, with the documents being indexed to the Magistrate as required under …

To Bail or Not to Bail: Must Laws Differ For Crimes Of Similar Nature?
10 months, 2 weeks ago

To Bail or Not to Bail: Must Laws Differ For Crimes Of Similar Nature?

The Quint  

Gauri Lankesh’s case had attracted substantial attention globally. It is, therefore, hardly surprising that pending this prolonged delay, this case has branched into several appeals and applications before different courts over the last seven years. One was a bail application by one of the accused Mohan Nayak in 2023. Although Nayak was one of the co-accused of murder, he contended …

Andhra Pradesh & Telangana High Court Weekly Round-Up: March 25
11 months, 2 weeks ago

Andhra Pradesh & Telangana High Court Weekly Round-Up: March 25

Live Law  

G. Krishnaveni vs The State through S.H.O., PS, 2024 LiveLaw 53 Dubbudu Ramakanth Reddy vs State of TS, 2024 LiveLaw 54 Central Bureau of Investigation, vs Sridhar Subasri, A2 2024 LiveLaw 55 Mohammed Abdul Mobeen Mobin vs. State of TS, 2024 LiveLaw 56 Venkata Siva Kumar Yadhanapudi vs. the Union of India, 2024 LiveLaw 57 Dugyala Praneeth Kumar alias Praneeth …

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court
11 months, 2 weeks ago

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order of the trial court which rejected a petition for anticipatory bail filed by an accused charged under provisions of the Scheduled Castes/Scheduled Tribes Act on the ground that cognizance had already been taken of the complaint. The court said,“The Sessions Judge was not proper in rejecting the petition filed under Section …

Assam PSC Recruitment Scam: Gauhati High Court Grants Bail To Suspended ACS Officer Citing Non-Compliance Of S.41A CrPC
1 year, 1 month ago

Assam PSC Recruitment Scam: Gauhati High Court Grants Bail To Suspended ACS Officer Citing Non-Compliance Of S.41A CrPC

Live Law  

The Gauhati High Court on Saturday granted bail to suspended ACS officer Rakesh Das, accused of using illegal means to increase his marks by inserting fake answer script in Combine Competitive Examination 2013, conducted by Assam Public Service Commission. The single judge bench of Justice Robin Phukan observed that in the present case, the provision of Section 41A of CrPC …

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates
1 year, 1 month ago

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates

Live Law  

The Orissa High Court, on Thursday, reiterated that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe Act, 1989, if no prima facie offence is made out. While clarifying the implications of Section 18 and Section 18A of the Act, the Single Bench of Justice Sashikanta Mishra held – …

No Apprehension Of Arrest, 41A CrPC Notice Issued: Madhya Pradesh High Court Denies Anticipatory Bail, Directs Cooperation In Investigation
1 year, 2 months ago

No Apprehension Of Arrest, 41A CrPC Notice Issued: Madhya Pradesh High Court Denies Anticipatory Bail, Directs Cooperation In Investigation

Live Law  

Noting that the appellants who sought anticipatory bail had been given notice under Section 41-A CrPC, the Madhya Pradesh High Court observed that there was no necessity to grant the relief of anticipatory bail. The single-judge bench of Justice Vishal Dhagat noted that the accused have already received Section 41-A CrPC notice from the investigating officer and a direction to …

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC
1 year, 3 months ago

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC

Live Law  

Rajasthan High Court has recently allowed a third bail application under S.439 CrPC filed by a person accused of providing confidential military information to Pakistan, after elaborately discussing the application of Sections 437 and Section 436A CrPC. Section 437 CrPC stipulates that when the trial for a non-bailable offence before the Magistrate is not concluded within 60 days from the …

POCSO Act Prevails Over SC-ST Act, Anticipatory Bail Plea U/S 438 CrPC Maintainable Where Accused Charged Under Both: Allahabad HC
1 year, 5 months ago

POCSO Act Prevails Over SC-ST Act, Anticipatory Bail Plea U/S 438 CrPC Maintainable Where Accused Charged Under Both: Allahabad HC

Live Law  

The Allahabad High Court has held that where an accused has been booked under the POCSO Act as well as the SC/ST Act, the provision of the former will prevail over the latter and an anticipatory bail plea moved by such accused would be maintainable. Act and Section 438 CrPC contending that anticipatory bail application is not maintainable as an …

SHO Can Seek Magistrate's Permission U/S 155(2) CrPC To Investigate Non-Cognizable Offence: Karnataka High Court
1 year, 8 months ago

SHO Can Seek Magistrate's Permission U/S 155(2) CrPC To Investigate Non-Cognizable Offence: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that it is not necessary for only the complainant to approach the Magistrate court under Section 155 CrPC seeking permission to investigate a non-cognizable offence, and even a Police Officer to whom the complaint is presented can do so. Wherefore, it is not necessary for the informant alone to knock at the …

Orissa High Court Passes Standing Order For Listing Bail Applications Arising Out Of Same FIR Before Same Bench
1 year, 9 months ago

Orissa High Court Passes Standing Order For Listing Bail Applications Arising Out Of Same FIR Before Same Bench

Live Law  

After the Supreme Court expressed concern over the prevailing practice of the Orissa High Court listing bail applications of different persons accused of crime emanating from the same FIR, the High Court has passed a Standing Order issuing following instructions modifying paragraphs 1, 2 and 3 of Standing Order No. While listing a subsequent bail application under Section 438 CrPC, …

S.306 CrPC No Bar On High Court To Invoke Its Powers U/S 482 And Admit An Approver On Bail: Jammu & Kashmir High Court
1 year, 10 months ago

S.306 CrPC No Bar On High Court To Invoke Its Powers U/S 482 And Admit An Approver On Bail: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently reiterated that in terms of Sec 306 CrPC bail to approver who is in custody cannot be granted, however, in an appropriate case High Court can release the approver on bail in exercise of its inherent powers under Section 482 CrPC. The observations were made by Justice Mohan Lal while hearing …

Calcutta High Court Grants Bail To Accused Under NDPS Act Citing Non-Compliance Of S.41B CrPC
2 years ago

Calcutta High Court Grants Bail To Accused Under NDPS Act Citing Non-Compliance Of S.41B CrPC

Live Law  

The Calcutta High Court recently granted bail to two accused persons in a NDPS case on the grounds that Section 41B of CrPC was not complied with, there were discrepancies in the documents of seizure. While allowing the bail application of the accused persons the division bench of Justice Sabyasachi Bhattacharyya and Justice Rai Chattopadhyay held: “The provisions of Section …

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider
2 years ago

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider

Live Law  

Last week, the Supreme Court agreed to consider the question of whether a high court could refuse to entertain an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 on the ground that the applicant did not approach a sessions court first. In March 2020, a five-judge bench of the Allahabad High Court clarified that …

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police
2 years ago

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police

Live Law  

The Karnataka High Court has quashed an order of the sessions court allowing an application made by the prosecution under section 319 of the Criminal Procedure Code, permitting it to arraign a person as accused whom the police had earlier given clean chit in investigation. Post investigation the police filed a charge sheet for the offence punishable under Section 323, …

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC
2 years, 3 months ago

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has ruled that an accused under the Scheduled Castes and the Scheduled Tribes Act, 1989 is first required to approach the Special Court for anticipatory bail as the high court's original jurisdiction under Section 438 CrPC in such cases stands excluded.Dismissing an anticipatory bail plea of an accused who had directly approached. The Punjab …

High Court Refuses To Quash Chargesheet Filed Under Karnataka Police Act Merely For Absence Of Independent Witnesses
2 years, 3 months ago

High Court Refuses To Quash Chargesheet Filed Under Karnataka Police Act Merely For Absence Of Independent Witnesses

Live Law  

The Karnataka High Court has refused to quash a chargesheet filed against an accused under the Karnataka Police Act merely because the Police did not cite any independent witness. It thus dismissed the petition filed by one Ramanji who is charged under Section 78 of the Police Act for allegedly running matka in a gambling bid. Ramanji submitted that the …

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court
2 years, 4 months ago

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court

Live Law  

Stressing that seeking anticipatory bail under Section 438 of CrPC is only a statutory right, the Allahabad High Court earlier this week said that the second and successive anticipatory bail application is not maintainable.The bench of Justice Suresh Kumar Gupta further observed that as opposed to Section 439 of CrPC, which flows from Article 21 of. Stressing that seeking anticipatory …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]
2 years, 4 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]

Live Law  

Central Excise Tariff Act, 1988 - Modified Vapour Absorption Chiller Machines cannot be categorized as a Heat Pump to avail concessional tariff benefits - The end use of MVAC is to produce Chilled Water. Thermax Ltd v. Commissioner of Central Excise, Pune-1, 2022 LiveLaw 881 Code of Criminal Procedure, 1973; Section 406 - Negotiable Instruments Act, 1881; Section 138 - …

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court
2 years, 5 months ago

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court

Live Law  

The Karnataka High Court has made it clear that when criminal proceedings for predicate offences are quashed, the prosecution initiated under the Karnataka Control of Organised Crime Act, 2000 cannot be sustained. The offences under the IPC and or any other enactment being a predicate offence for the purpose of exercise of powers under Section 24 and or Section 3 …

S.482 CrPC Petition Maintainable In Exceptional Cases Where Remedy Of Revision U/S 397 CrPC Is Also Available: Andhra Pradesh High Court
2 years, 6 months ago

S.482 CrPC Petition Maintainable In Exceptional Cases Where Remedy Of Revision U/S 397 CrPC Is Also Available: Andhra Pradesh High Court

Live Law  

In a recent case, the Andhra Pradesh High Court held that a petition under Section 482 CrPC is maintainable as the Court below was erroneous in passing orders under Section 451 CrPC to freeze amounts in petitioner's account which had no reasonable connection with any commission of an offence. The Court relied on the Supreme Court decision in Prabhu Chawla …

S.437(6) CrPC | Bail May Be Granted If Case Triable By Magistrate Not Concluded In 60 Days From Commencement Of Prosecution Evidence: P&H High Court
2 years, 6 months ago

S.437(6) CrPC | Bail May Be Granted If Case Triable By Magistrate Not Concluded In 60 Days From Commencement Of Prosecution Evidence: P&H High Court

Live Law  

Punjab and Haryana High Court has reiterated that in terms of Section 437 of CrPC, bail ought to be granted where the trial in a case triable by Magistrate is not concluded within a period of 60 days after the first date fixed for the prosecution evidence. The observation was made by Justice Jasjit Singh Bedi while dealing with a …

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices
2 years, 7 months ago

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices

Live Law  

The Andhra Pradesh High Court recently disposed of two applications for anticipatory bail in separate cases, while directing the state Police to ensure that the procedure and guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar are complied with before effecting arrest.The judgment obligates the Police to issue notice of appearance under Section 41-A CrPC in …

Court Barred U/S 468(2)(c) CrPC From Taking Cognizance If Charge Sheet For Offence With 3 Yrs Punishment Not Filed In 3 Yrs Of Incident: Karnataka HC
2 years, 8 months ago

Court Barred U/S 468(2)(c) CrPC From Taking Cognizance If Charge Sheet For Offence With 3 Yrs Punishment Not Filed In 3 Yrs Of Incident: Karnataka HC

Live Law  

The Karnataka High Court has said that Section 468 of CrPC specifies that no court shall take cognizance of the offences punishable with imprisonment for a period of three years after the expiry of three years from the date of alleged incident. A single judge bench of Justice Hemant Chandangoudar while allowing the petition filed by one Karan Menon said, …

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC
2 years, 9 months ago

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that although Section 438 of the CrPC gives concurrent jurisdiction to High Court and Sessions Court to consider an anticipatory bail application of an accused yet, as a matter of ordinary practice, High Court does not entertain such applications unless the person apprehending arrest has exhausted the remedy before the …

Can't Grant Anticipatory Bail For Case Registered Outside Court's Territorial Limits: J&K&L High Court
2 years, 9 months ago

Can't Grant Anticipatory Bail For Case Registered Outside Court's Territorial Limits: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court, while hearing a plea seeking anticipatory bail under section 438 CrPC, has ruled that it has no jurisdiction to grant anticipatory bail to a person against whom a case has been registered with a police station which is situated outside the local limits of its jurisdiction under the Code. It further follows …

S.437 CrPC Does Not Give Absolute Right To Bail To A Lady Accused In Multiple FIRs For Duping ₹167 Crores: Punjab & Haryana High Court
2 years, 10 months ago

S.437 CrPC Does Not Give Absolute Right To Bail To A Lady Accused In Multiple FIRs For Duping ₹167 Crores: Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court while dealing with a case where the petitioners conspired and duped several victims of an amount of Rs. The bench comprising Justice Arvind Singh Sangwan further noted that the petitioners are not entitled to get bail under provisions of Section 437 Cr. The arguments raised by learned counsel for the petitioners that the petitioners are …

Supreme Court Criminal Digest -April 2022
2 years, 10 months ago

Supreme Court Criminal Digest -April 2022

Live Law  

Arms Act, 1950; Section 27 - Supreme Court Patna High Court judgment which modified the judgment passed by the Trial Court convicting the appellants- accused under Section 307 read with Section 34 Indian Penal Code to Section 324 IPC and confirming their conviction under Section 27 of the Arms Act. Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw 390 …

Karnataka High Court Seeks Info About Criminal Cases Against MP/MLAs In Which Govt Has Filed Withdrawal Application U/S 321 CrPC
3 years ago

Karnataka High Court Seeks Info About Criminal Cases Against MP/MLAs In Which Govt Has Filed Withdrawal Application U/S 321 CrPC

Live Law  

The Karnataka High Court on Saturday directed its Registrar General to furnish fresh information regarding the cases in which the State Government has filed application under Section 321 of Cr.P.C, for withdrawing cases against Member of Parliament, Member of Legislative Assembly/Council. The direction followed after amicus curiae, Senior Advocate Aditya Sondhi informed the court that the State Government has informed …

Karnataka High Court Monthly Digest: January 2022
3 years, 1 month ago

Karnataka High Court Monthly Digest: January 2022

Live Law  

This digest contains all the important judgments and orders pertaining to Karnataka for the month of January 2022, covered by LiveLaw. 1: JLR Is State Owned Company, Not Required To Obtain Permission Of Central Govt For Construction Within Reserve Forest: Karnataka High Court Case Title: PS Mohan v. State Of Karnataka Citation: 2022 LiveLaw 1 The Karnataka High Court said …

Anticipatory Bail Plea Not Maintainable Once Accused Enters Appearance, Either Personally Or Through Counsel: Karnataka High Court
3 years, 1 month ago

Anticipatory Bail Plea Not Maintainable Once Accused Enters Appearance, Either Personally Or Through Counsel: Karnataka High Court

Live Law  

The Karnataka High Court has said that once an accused has appeared before the court, either personally or through his counsel, he cannot seek anticipatory bail by invoking section 438 of the Criminal Procedure Code. Justice H P Sandesh thus dismissed the anticipatory bail petition filed by one Ramesh and granted him liberty to approach the Trial Court by filing …

Can A Juvenile Seek Anticipatory Bail U/S Section 438 CrPC? Calcutta High Court Refers Question To Larger Bench
3 years, 1 month ago

Can A Juvenile Seek Anticipatory Bail U/S Section 438 CrPC? Calcutta High Court Refers Question To Larger Bench

Live Law  

The Calcutta High Court on Thursday referred to a larger bench the legal issue as to whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure at the behest of a juvenile is maintainable. A Bench comprising Justice Arijit Banerjee and Justice Bivas Pattanayak was adjudicating upon an application for anticipatory bail sought by four …

Punjab & Haryana High Court Grants Bail To Man Accused Of Offence Prima Facie Less Serious Than Co-Accused Who Are On Bail
3 years, 2 months ago

Punjab & Haryana High Court Grants Bail To Man Accused Of Offence Prima Facie Less Serious Than Co-Accused Who Are On Bail

Live Law  

If the role attributed to the accused in an offence is prima facie less serious than the role attributed to the co-accused who have been granted the benefit of bail under S.438 CrPC and under S.439 CrPC, and if the accused is a first-time offender, then he deserves an opportunity to course-correct and the opportunity of bail cannot be denied …

S. 482 CrPC| Can't Appreciate Evidence In Quashing Petition: Karnataka High Court Reiterates
3 years, 2 months ago

S. 482 CrPC| Can't Appreciate Evidence In Quashing Petition: Karnataka High Court Reiterates

Live Law  

The Karnataka High Court has reiterated that a Court hearing a petition for quashing of FIR/ charge sheet under Section 482 CrPC cannot appreciate evidence as the same lies within the domain of the trial Court. Justice Sreenivas Harish Kumar said, "It is a settled principle that while deciding the petition under Section 482 of Cr.P.C, evidence cannot be appreciated …

Karnataka High Court Denies Anticipatory Bail To Public Prosecutor Accused Of Raping Law Intern
3 years, 2 months ago

Karnataka High Court Denies Anticipatory Bail To Public Prosecutor Accused Of Raping Law Intern

Live Law  

The Karnataka High Court has refused to grant anticipatory bail to Special Public Prosecutor K S N Rajesh accused of sexual assault and attempt to rape by a law student working in his office. Advocate Dilraj Jude Rohit Sequeira appearing for the petitioner said that, "On perusal of records especially the statement of the complaint does not attract the provisions …

Is An Accused's Anticipatory Bail Plea Maintainable If He Is Already In Judicial Custody In Another Crime? –Bombay High Court Rules
3 years, 3 months ago

Is An Accused's Anticipatory Bail Plea Maintainable If He Is Already In Judicial Custody In Another Crime? –Bombay High Court Rules

Live Law  

The Bombay High Court has held that an accused can be granted anticipatory bail even if he is in prison in connection with another offence, and that every case registered against an accused would have to be decided on its own merits. Adjudicating a petition for anticipatory bail under section 438 of the Criminal Procedure Code, the question before the …

Section 167(2) CrPC - Default Bail Not Available For Not Filing Supplementary Chargesheet : Karnataka High Court
3 years, 6 months ago

Section 167(2) CrPC - Default Bail Not Available For Not Filing Supplementary Chargesheet : Karnataka High Court

Live Law  

The Karnataka High Court recently said that the supplementary charge sheet is only an additional material collected against the accused persons and that the provisions of Section 167 of Cr. "Section 167 of Cr.P.C., is applicable only when charge sheet is not laid down and it starts operative when accused is arrested during the course of investigation, but if charge …

"No Express Bar Of Application Of Anticipatory Bail Under Sec. 438 CrPC To Children In Conflict With Law Under JJ Act": Gujarat High Court
3 years, 9 months ago

"No Express Bar Of Application Of Anticipatory Bail Under Sec. 438 CrPC To Children In Conflict With Law Under JJ Act": Gujarat High Court

Live Law  

The Gujarat High Court has observed that there is no express bar of application of anticipatory bail under sec. A Single Judge bench comprising of Justice AY Kogje observed thus: "…this Court is of the opinion that there is no expressed bar of application of Section 438 of the Code to the children. A Single Judge bench comprising of Justice …

'No Court Bound By Govt Decision To Withdraw Prosecution' : Karnataka High Court On Move To Drop Cases Against Ministers, MLAs
4 years, 3 months ago

'No Court Bound By Govt Decision To Withdraw Prosecution' : Karnataka High Court On Move To Drop Cases Against Ministers, MLAs

Live Law  

The Karnataka High Court on Thursday issued notice on a petition which challenged the Government decision to drop criminal prosecution in 61 cases against elected representatives and ministers.A division bench comprising Chief Justice Abhay S Oka and Justice Vishwajith Shetty observed : "No Court is bound by such a decision taken to withdraw from the prosecution. The Karnataka High Court …

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