The Karnataka High Court has observed that mere pendency of one more case against the petitioner-accused itself cannot be treated as a criminal antecedent so as to deny him bail.
This was seen in the case Sandeep Reddy v. State of Karnataka (CRIMINAL PETITION No.5740 OF 2022). The judgment was presided over by the Coram of the Justice V Srishananda.
Facts of the case-
In the present case, the petitioner was charged for the offence punishable under Section 395 of IPC (Punishment for dacoity). He had approached the court seeking bail on the ground of parity, stating that co-accused in the case have been granted bail.
The prosecution in its arguments opposed the plea saying that there is one more case pending against the accused.
The High Court has held that “Just the pendency of one more case against the accused itself cannot be treated as a criminal antecedent so as to deny bail to the petitioner-
accused by resorting to the special powers conferred to this Court under Section 439 of Cr.P.C.“
The court further noted that “The petitioner is granted bail in the pending case where the trial is under progress and there is no complaint of misuse of the bail conditions by the accused.”
Following this, the bench granted bail to the accused on executing a personal bond for a sum of Rs.1,00,000. It also imposed certain conditions.
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Judgement reviewed by Alaina Fatima.