Bail is not a licence to commit repeated crimes. Crimes perpetrated against society must be viewed differently. Karnataka High Court.

Aluka Sandra Orewa @ Benny vs State of Karnataka. Criminal Petition 6286/2020 decided on 30 November 2020.

Judgment Link: https://karnatakajudiciary.kar.nic.in/noticeBoard/CRLP_6286_2020.pdf

Relevant paragraphs: 7. Skimmer is used for collecting the data stored
in an ATM card and the camera, for capturing the
password, when the account holder operates the teller
machine using his card. The data then collected is used for forging the cards to be used for withdrawing the money
from the accounts of the customers of the bank without
their knowledge. Perpetration of crime in this manner fits
into ingredients of Section 468 of IPC, for the genuine card
holder operates the machine under the belief that his
transaction is fully secured; but without his knowledge, the
data in the card is captured by the skimmer; this modus
operandi is nothing but dishonestly inducing the ATM card
holder to operate a teller machine which is tampered.

9. Bail is not a licence for committing any number of crimes. Though bail is related to liberty of a person, misuse of liberty is not justifiable. And crimes which are not targeted against an individual, but perpetrated against society must be viewed quite differently. It is held by the Supreme Court in that cancellation of bail by the High Court under its inherent power does not deprive the personal liberty of an individual; and likely so, denial of bail to an accused who frequently commits bailable offences, does not violate Article 21 of the Constitution of India.

10. As a concomitant to this analysis, it may be
stated that a person being on bail in relation to bailable
offence and applies for bail having again committed a
bailable offence cannot as a matter of right claim bail. Any
attempt to liberally interpret the right in this manner
without having idea of far-reaching consequences will
have disastrous effect on the society or a system, as for
instance how the case on hand may adversely affect the
banking system. Therefore, the right to claim bail under section 436 of Cr.P.C becomes circumscribed when an
accused repeatedly commits bailable offence/s.

Compiled by S. Basavaraj, Advocate, Daksha Legal.

Published by rajdakshalegal

Senior Advocate, High Court of Karnataka, Bengaluru

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