KABC010232262023
IN THE COURT OF XLV ADDL. CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY (CCH-46)
DATED THIS THE 4TH DAY OF SEPTEMBER, 2023
PRESENT:
Sri. Manjunatha, B.A., LL.B.,
XLV Addl. City Civil & Sessions Judge, Bengaluru.
CRL.MISC. No.8415/2023
Petitioners
1.Amjad
S/o Pyarejan, a/a 40 Yrs.,
2.Mohammed Shahid @ Shahid,
S/o Amjad, a/a 18 Yrs.,
3.Afzal pasha @ Afzal
S/o Pyare Jan, a/a 33 yrs.,
4.Afroz Pasha @ afroa
S/o Pyare Jan, a/a 23 yrs.,
All are r/aNo.597, B Block,
Janakiraam Layout, St. Thomas
Town, Bengaluru-560 084.
(By Sri/Smt; Devaraj.B.N. adv.,)
AND
Respondent
State by Banaswadi P. S.,
Bengaluru.
(By the learned Public Prosecutor)
2
Crl.Misc.No.8415/2023
ORDER ON BAIL PETITION FILED U/S.438 OF Cr.P.C.,
The learned counsel for Petitioners has filed bail petition
U/s.438 of Cr.P.C., to grant anticipatory bail in favour of the
Petitioners and also direct the Respondent Police to release
them on bail in the event of their arrest in their Crime
No.408/2023 in the interest of justice.
2. The brief facts of the bail petition is that based on the
complaint of complainant-Smt. Husna Begum, a/a 21 Yrs., the
Respondent
Police
have
registered
case
against
the
Petitioners and another in Crime No.408/2023 for the offences
punishable U/s.354 and 506 r/w Sec.149 of IPC.

The
Petitioners being accused persons apprehending their arrest by
the Respondent Police and constrained to file this petition to
grant bail and thereby they have prayed for allowing the
petition.
3. The learned Public Prosecutor has filed objection in
detail by reiterating the contents of the Complaint and
contended that this bail petition is not maintainable in law or on
facts of the case since the investigation of the case is in
progress. Further, she has reiterated the contents of Complaint
and also contended that if Petitioners are granted bail there is
chance of destroying the evidence, tamper the prosecution
witnesses and hamper the investigation. Accordingly, prayed for
rejection of bail petition.
4. Heard the arguments on both sides. Perused the
relevant materials on record.
5. The following points are arises for consideration of this
Court:
3
Crl.Misc.No.8415/2023
1. Whether the Petitioners have made out sufficient
grounds for granting Anticipatory bail in their
favour in Cr. No.408/2023 of Banaswadi P. S.,
at this stage as sought for?
2. What order?
6. This court has answered the above points are as
under:
Point No. 1
:
In the Affirmative
Point No. 2
:
As per final order
for the following:
REASONS
7. Point No.1: On considering the papers on record, it is
evident to note that the Respondent Police have registered a
case against the Petitioners and others in Crime No.408/2023
for the offences punishable U/s.354 and 506 r/w Sec.149 of
IPC, on the Complaint of complainant-Smt. Husna Begum, a/a
21 yrs.,
8.It is the case of the complainant that on 9.8.2023 at
12.30 a.mn. The accused persons by holding knife quarreled
with the complainant, attempted to drag her chudidhar by
abusing in filthy language and threatened her with life by
outraging her modesty. Accordingly, complainant has filed
complaint against the accused persons before respondent
police.
9.The contention of petitioners is that they are innocent of
the offences alleged against them and they have not committed
any such offences.
submitted
unless
On the contrary the prosecution has
a
full-fledged
trial
is
complete,
the
4
Crl.Misc.No.8415/2023
accused/petitioners cannot be considered as innocent at this
point of time.
10. It is pertinent to note that even for the sake of
argument, it is accepted that there is prima facie case against
the petitioners for the offences punishable U/s.354 and 506 r/w
Sec.149 of IPC, even though the said offences are not
punishable with death or imprisonment for life, the offences
U/s.354 of IPC is though non-bailable, but it is exclusively
triable by the Magistrate.
11.It is well settled principle of law that the granting of bail
is discretionary power of the Court and every case should be
considered on the basis of facts of each case. The certified
copies of FIR and complaint produced by the petitioners
discloses that there was apprehension of their arrest by the
respondent police for the alleged non-bailable offence. Though
the offences are non-bailable, but not punishable with death or
imprisonment for life. The entire fact has to be gathered only
after full fledged trial. But at this juncture, it is clear that there
is an apprehension that the petitioners might be arrested in
non-bailable offences for interrogation by the respondent police
for enquiry.

It is pertinent to note that the interrogation of the
accused/petitioners
is not at all required for the alleged
offences as shown in the FIR. On perusal of the documents
produced by the petitioners prima facie it discloses that to
counterblast to the present case the petitioner No.1 had lodged
a complaint against the complainant and others in Crime
No.411/2023 for the offences punishable U/s.323, 324 and 506
r/w Sec.149 of IPC of same respondent police station. By
5
Crl.Misc.No.8415/2023
considering all the above facts and arguments canvased by
prosecution it is found that if stringent conditions are imposed
on the appearance of the petitioners/accused persons before
the I.O.,/Court the purpose of prosecution objection that
petitioners/accused would not appear for enquiry before I.O.,
and trial before Court would be met with.

At this juncture, it is
equally important to note that when the petitioners are ready to
abide by the terms and conditions imposed by the court and
when ready to face the trial by offering adequate surety, this
court is satisfied and is of the opinion that no purpose will be
served by allowing the respondent police to apprehend the
petitioners for interrogation. The petitioners are the permanent
residents as shown in the cause title and this fact has not been
disputed by the prosecution, as such the presence of petitioners
can be secured easily, hence, the question of absconding of the
petitioners does not arise at all. The objections raised by the
learned Public Prosecutor can be met by imposing stringent
conditions. Absolutely there is no grounds made out by the
prosecution to reject this bail petition. Accordingly, under these
circumstances, the petitioners have made out sufficient ground
for granting anticipatory bail in their favour at this stage as
prayed for as there exist reason to believe that they may be
arrested in non-bailable offences. Accordingly, I answer Point
No.1 in the affirmative.
12. Point No. 2: In view of answer of this Court on point
No.1, this court pass the following:ORDER
6
Crl.Misc.No.8415/2023
The bail petition filed by the petitioners U/s.438 of
Cr.P.C. is hereby allowed.
The petitioners are ordered to be released on bail
on their executing personal bond for Rs.1,00,000/each with one surety for like sum to the satisfaction of
the concerned I.O.,/Magistrate in the event of their
arrest in the case in Crime No.408/2023 of Banaswadi
P. S., subject to following conditions:1.The
Petitioners
shall
make
themselves
available for interrogation by the I.O. as and
when required till the final report is filed.
Further, they shall assist the I.O. in further
investigation of the case. Further they shall
mark their attendance once in a month, i.e.,
first Sunday of every month in between
10.00 a.m. and 2.00 p.m. before the I.O., till
filing of final report or further orders
whichever is earlier.
2.The Petitioners shall surrender before the
concerned Police within 30 days from the
date of this order without fail.
3.They shall not directly or indirectly make any
inducement, threat or
promise to any
person acquainted with the facts of the case
so as to dissuade him/ her from disclosing
such facts to the Court or to the concerned
I.O.,
7
Crl.Misc.No.8415/2023
4.They shall not hamper further investigation of
the case and tamper with prosecution
witnesses in any manner and shall not
intimidate the complainant.
5.They shall not commit similar offences or any
offences during the pendency of case, and
6.They shall appear before the concerned
Magistrate Court as and when directed.
7.They shall not leave the jurisdiction of the
Bangalore City without the prior permission,
8.They shall not change their place of residence
outside the jurisdiction of concerned Court
without prior intimation.
9.They shall furnish their residential id address
proofs.
10.In the event of violation of any of the above
conditions, the above bail shall stand
automatically canceled.
(Typed to my dictation by the Stenographer directly on Computer, corrected by me
and then pronounced in open Court on this the 4th day of September, 2023)
(Manjunatha)
XLV Addl. CC & SJ, Bengaluru.

8
Crl.Misc.No.8415/2023
Order pronounced in the open court
vide its separate order
ORDER
The bail petition filed by the petitioners
U/s.438 of Cr.P.C. is hereby allowed.
(Manjunatha)
XLV Addl. CC & SJ, Bengaluru.

9
Crl.Misc.No.8415/2023