Bail doesn't amount to a free license to commit crime: Karnataka HC

  • The Karnataka High Court holds that the right to claim bail is circumscribed if a convict regularly commits a bailable offence while out on bail [Aluka Sandra Orewa vs State of Karnataka and ors]. Bail is not a licence to commit further offences.

  • A single-judge Bench of Justice Sreenivas Harish Kumar argued that while bail is connected to a person's rights, it is not justifiable to exploit freedom.

  • Bail is not a licence to commit any number of offences. Although bail is connected to a person's liberty, abuse of liberty is not justifiable... The right to claim bail under Cr.P.C. section 436 is circumscribed when an accused repeatedly commits bailable offences, "Bail is not a licence to commit any number of crimes. Though bail is related to the liberty of a person, misuse of liberty is not justifiable...The right to claim bail under section 436 of Cr.P.C becomes circumscribed when an accused repeatedly commits bailable offence/s, "The right to claim bail under Cr.P.C.

  • The observations were made in a bail petition submitted by Aluka Sandra, alias Benny (petitioner), a foreign national who was convicted of crimes punishable under the Indian Penal Code (IPC) and the Information Technology Act (IT Act)

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