Lawstreet Journal

Karnataka High Court: Mere Registration of Multiple Cases Not a Ground to Cancel Bail [READ ORDER]

Lawstreet Journal 18 Nov 2020 10:59pm

Image courtesy: Lawstreet Journal Judiciary Karnataka High Court: Mere Registration of Multiple Cases Not a Ground to Cancel Bail [READ ORDER]

The Karnataka High Court has dismissed a petition filed by a rape survivor seeking to cancel the bail granted to the accused on the ground that he is a habitual offender and has similar cases registered against him. Justice HP Sandesh said that "In the absence of any cogent material on record, the liberty of any person as envisaged under Article 21 Constitution of India cannot be curtailed on the mere ground of the no. of cases being pending against him. It is well-settled law that Section 439(2) of Code of Criminal Procedure, 1973 has to be invoked in exceptional cases when it causes a miscarriage of justice if it is not invoked and the same has to be exercised sparingly and not mere asking of the cancellation of bail." 

The victim wishes for cancellation of bail on the grounds that the accused is a habitual offender and he is employed in criminal, civil and money recovery proceedings listed out the 11 pending cases against him. In 11 pending cases out of which 3 cases show that he is accused of rape charges. It was argued that "The accused has a modus operandi of deceiving the women victims by indulging in sexual acts by promising marriage and dishonestly inducing them to deliver their money."  

The Advocate appearing from the side of the accused said that merely because there is a number of cases pending against the accused, the same cannot be ground to come to the conclusion that he is… Continue Reading...

Tagged: Karnataka high court  
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