Karnataka High Court Bench of Justice H P Sandesh while dismissing a Plea for cancellation of bail of accused states that merely on the ground that the accused has a history of criminal act, the Bail cannot be cancelled.
A petitioner, rape survivor was seeking to cancel the bail granted to the accused on the basis of that the accused is a habitual offender (11 pending cases against him).
The accused had a modus operandi of promising marriage and having sexual acts and taking money from women.
The court observed “Merely registering of several cases against respondent No.2 is not a ground to invoke Section 439(2) of Cr.P.C. While exercising the power under Section 439 (2) of Cr.P.C., the Court has to look into the material available on record.”
” It added “In the case on hand, no doubt, though 10 cases are listed out, out of which 3 cases are registered for the offences punishable under Sections 376, 420, 417 and 506 of I.P.C. It is important to note that in all the cases he has been enlarged on bail invoking Sections 438 and 439 of Cr.P.C. and not convicted. Merely because the prosecution has failed to bring out the said cases which are pending against him while considering the bail petition the same cannot be a ground for canceling the same.”
The Karnataka High Court dismissed the petition filed by the rape survivor.