E. Ishitha Vs Assistant Commissioner of Commercial Taxes (Karnataka High Court)
Karnataka High Court held that jurisdiction under Article 226 read with section 482 of Cr.P.C. is exercisable only in exceptional circumstances. Thus, interim bail stands rejected since present matter cannot be termed as exceptional.
Facts- This writ petition is filed under Article 226 of the Constitution of India. The petitioners/daughter and wife of one Sri E.Prathap are at the doors of this Court calling in question the grounds of arrest dated 03-01-2026 and seeking a declaration that the arrest of accused No.1 and 2/2nd petitioner and father of the 1st petitioner on 03-01-2026 by the 2nd respondent is illegal. They also seek interim prayer of interim bail.
Conclusion- Held that the submission of the learned senior counsel is that this Court should show mercy or sympathy and release the accused No.2/petitioner No.2 on bail. This submission if accepted, would be exercising jurisdiction on misplaced sympathy and would undoubtedly open pandora’s box, as if this Court would entertain the subject petition notwithstanding the finding of no illegality in the arrest proceedings and only on mercy. The mercy can vary from case to case; sympathy can also vary from case to case. Therefore, the facts in the case at hand cannot be termed as so exceptional, that this Court in exercise of its jurisdiction under Article 226 r/w Section 482 of the Cr.P.C., should entertain the petition and grant interim bail. The petition found wanting in entertainability, for grant of interim bail, stands rejected.
