Supreme Court: Jail Superintendents Should Make Special Efforts To Identify Women Prisoners Eligible For Release U/s. 479 Of BNSS:

 Although the provisions of Section 479 of the BNSS are gender neutral, it is also necessary for this Court to say that special efforts should be made to identify women prisoners who are entitled to release under the beneficial provision. The concerned Jail Superintendents where the women prisoners are lodged should therefore pay personal attention to the female prisoners, who might have become eligible for the release benefits, under Section 479 of the BNSS. {Para 12}

 S U P R E M E C O U R T O F I N D I A

 RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s).406/2013

IN RE-INHUMAN CONDITIONS IN 1382 PRISONS 

 VERSUS

. & ORS. Respondent(s)

([MR. GAURAV AGRAWAL, SENIOR ADVOCATE IS AMICUS CURIAE.] )

Date : 19-11-2024 This petition was called on for hearing today.

CORAM :

 HON'BLE MR. JUSTICE HRISHIKESH ROY

 HON'BLE MR. JUSTICE S.V.N. BHATTI

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Karnataka HC: No Bail U/S 479(1) BNSS On Completing Half Or 1/3rd Sentence If Accused Booked In Multiple Cases

It is important to note that Section 479 of BNSS makes it clear that the benefit of first proviso to Section 479 is subject to Section 479(2) of BNSS and the Court has to take note of the third proviso, thereof, wherein investigation, inquiry or trial in more than one offence are in multiple cases are pending against a person, he shall not be released on bail by the Court. It is important to note that the second proviso to Section 479(1) of BNSS empowers the Court to order the continued detention of a person for a period longer than one-half of the period. All the provisions have to be read conjointly, including Sections 479(1) and 479(2). The Trial Court also taken note of the said fact into consideration since there are more than one offence against the petitioner and IPC offences are invoked and separate case is also invoked by invoking PML offence.

11.When the offences are different as well as when more number of cases are registered against the petitioner, he cannot invoke the proviso under Section 479 of BNSS seeking the relief on the ground of one third punishment even if it is considered, maximum punishment he has already underwent and the said proviso is not applicable to the facts of the case on hand, since the Court has to take note of the gravity of the offence and multiple cases against the petitioner and more than Rs. 1,544 Crores fraud has been committed that too this petitioner being a founder Chairman of the said bank.

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

Criminal Petition No. 9930/2024

Decided On: 23.11.2024

K. Ramakrishna Vs. The Assistant Director, Directorate of Enforcement

Hon'ble Judges/Coram:

H.P. Sandesh, J.

Citation:  MANU/KA/3939/2024

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