Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/351465/1/CRLP101414-20-30-11-2020.pdf
Relevant paragraphs: 9.…The petitioner has a reasonable apprehension of his arrest by the respondent-police. The petitioner is presently working as Police Inspector in the Police Commissionerate, Hubballi-Dharwad. There are no previous complaints or remarks against him. Petitioner has undertaken to abide by the conditions which may be imposed by this Court. As such, this Court is of the view that the arrest and detention of the petitioner/accused is not warranted and he may be directed to appear before the Investigating Officer/respondent-CBI and co-operate with the investigation of the case.
10. It is well settled that law of bails dovetails two conflicting interests namely, on the one hand, the requirements of shielding the society from the hazards of those committing crimes and potentiality of repeating the same crime while on bail and on the other hand absolute adherence of the fundamental principle of criminal jurisprudence regarding presumption of innocence of an accused until he is found guilty and the sanctity of individual liberty. As observed by the Hon’ble Apex Court, a great ignominy, humiliation and disgrace is attached to the arrest and it would lead to many serious consequences. Usual anxiety of investigating agency is to ensure that an accused should fully co-operate with them and be available as and when they require him. An order of anticipatory bail does not in anyway, directly or indirectly, takeaway from Investigating Officer his power and right to fully investigate into charge made against an accused. In the instant case when the petitioner has already appeared and co-operated with the respondent, whenever called upon to do so, then custodial interrogation is not warranted. Hence, the relief sought by petitioner/accused can be granted by imposing suitable conditions.
Petition for anticipatory bail allowed.
Compiled by S. Basavaraj, Advocate, Daksha Legal.
Daksha Legal 