Accused Can't Ordinarily Move Quashing Plea If Sessions Court Granted Pre-Arrest Bail On Condition To Cooperate In Criminal Investigation: Karnataka HC
Live LawThe Karnataka High Court has said that an accused who has secured anticipatory bail orders at the hands of jurisdictional Sessions Judge, wherein a condition is stipulated for the accused to cooperate in the investigation process, cannot readily approach the High Court seeking quashing of the criminal proceedings. A single judge bench of Justice Krishna S Dixit while dismissing two petitions filed by Vijaykumar and Abubekar said, "Petitioners have secured anticipatory bail orders at the hands of jurisdictional Sessions Judge wherein a condition is stipulated for the accused to cooperate in the investigation process. However, it added that quashing of criminal proceedings is also a serious matter and hence, the Court has to strike a "golden balance" between these two competing principles of criminal jurisprudence. Case Title: VIJAYKUMAR v. STATE OF KARNATAKA Case No: CRIMINAL PETITION NO.3163 OF 2021 C/W CRIMINAL PETITION NO.4322 OF 2021 Citation: 2022 LiveLaw 360 Date of Order: 1ST DAY OF SEPTEMBER, 2022 Appearance: Advocate MALLE GOWDA H P for petitioner; K NAGESHWARAPPA, HCGP FOR R1; S RAJASHEKAR, ADVOCATE FOR R2 Click Here To Read/Download Order