Mere Registration Of Multiple Cases Not A Ground To Cancel Bail: Karnataka High Court

The Karnataka High Court dismissed a petition filed by a rape survivor seeking to cancel bail granted to the accused on the ground that he is a habitual offender and has similar cases registered against him. Justice H P Sandesh said “In the absence of any cogent material on record, the liberty of any person as envisaged under Article 21 of the Constitution of India, cannot be curtailed on the mere ground of the number of cases being pending against him. It is settled law that Section 439(2) of Cr.P.C. has to be invoked in exceptional cases when it causes 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.”