KABC010214872023
IN THE COURT OF THE LII ADDL. CITY CIVIL & SESSIONS
JUDGE, BANGALORE (CCH-53)
Dated this the 22nd day of August, 2023
PRESENT
Sri.B.G.Pramoda, B.A.L., LL.B.,
LII Addl. City Civil & Sessions Judge,
Bangalore.
Crl.Misc.No.7771/2023
Petitioner:
Anil Kumar,
S/o Late. Nagaraj,
Aged about 30 years,
R/at No.8th Cross, Kadirenahalli,
BSK 2nd Stage,
Bengaluru Ц 560 070.
(Accused No.2)
(By Sri.Shaik Babu S., Advocate)
-V/S-
Respondent :
State of Karnataka by
Jayanagar police station,
Bengaluru.
(Represented
Prosecutor)
by
learned
Public
Crl.Misc.No.7771/2023
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ORDER
This petition is filed by the petitioner u/Sec.438 of Cr.P.C.,
praying to grant anticipatory bail to him in the event of his arrest by
respondent police in Crime No.254/2012 (SC.No.157/2022) of
Jayanagar police station for the offences punishable u/Sec.399,
402 of IPC, pending on the file of CCH-53.
2.

It is stated in the petition that the respondent police
have arrested the petitioner in Crime No.254/2012. The petitioner
has obtained bail in the said Crime No. In S.C.No.1236/2012, the
petitioner has appeared after the service of summons and
obtained regular bail on 21.09.2012.

Due to collecting wrong
dates, the petitioner has not appeared before the court and split up
case is ordered to be registered against him. As such split up
charge sheet is filed against the petitioner. S.C.No.157/2022 was
came to be registered and NBW is issued against the petitioner.
The respondent police are frequently visiting the house of the
petitioner and
they are making hectic efforts to arrest the
petitioner and he has got reasonable apprehension of his arrest.
The petitioner is the permanent resident of address mentioned in
the cause title. The petitioner hail from respectable family. The
petitioner has got deep roots in the society. The respondent police
are making hectic efforts to arrest the petitioner in this case. There
is apprehension of his arrest by the respondent police. The
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Crl.Misc.No.7771/2023
petitioner is ready to abide by any terms and conditions that may
be imposed by the court for his enlargement on bail. The petitioner
is ready and willing to offer surety to the satisfaction of the court.
Hence, the petitioner has prayed to allow the petition.
3.

The learned Public Prosecutor has filed the objection
to the petition along with I.O. report by opposing the grant of
anticipatory bail to the petitioner on the ground that the offences
alleged to have been committed by the petitioner are grave in
nature and against to society. It is further stated in the objection
that the petitioner was absconded after obtaining the bail. As such
split up S.C.No.157/2022 is registered against the petitioner and it
is pending. It is further stated in the objection that if the petitioner
is enlarged on bail, he may abscond and he may not appear
before court and he may delay the trial of the case. The petitioner
may threaten the informant and other prosecution witnesses. The
petitioner may commit similar offences in future. It is further stated
in the objections that if the petitioner is enlarged on bail, it would
be difficult to secure his presence during trial. Hence, the Learned
Public Prosecutor has prayed to reject the petition filed by the
petitioner.
4. Heard the arguments of Learned Public Prosecutor and
Learned counsel for the petitioner. Perused the petition, objection
and other materials on record.

Crl.Misc.No.7771/2023
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5.

Having done so, the following points will arise for my
consideration:
(1) Whether the petitioner has made out grounds
for granting anticipatory bail u/s.438 of
Cr.P.C.,?
(2) What order?
6.

My findings on the above points are as under:
(1) Point No.1
..

In the Negative
(2) Point No.2
..

As per final order
for the following:
REASONS
7.

Point No.1:- The petitioner has filed the present
petition praying for grant of anticipatory bail in Cr.No.254/2012
(SC.No.157/2022) of Jayanagar police station which is registered
against him for the offences punishable u/Sec.399, 402 of IPC, on
the basis of complaint given by one Smt.Nasrulla, pending on the
file of CCH-53. The petitioner has produced certified copy of order
sheet in S.C.157/2022, charge sheet filed in Crime No.254/2012,
FIR, complaint and other documents. The petitioner is shown as
accused No.2 in the charge sheet.
8. As per the petition averments it is clear that, the petitioner
has
obtained
regular
bail
in
Crime
No.254/2012
in
Crl.Misc.No.3076/2012. Further after committal of the case from
Magistrate court, S.C.No.1236/2012 was came to be registered
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Crl.Misc.No.7771/2023
against the petitioner and others. In the said case petitioner has
appeared and obtained regular bail on 29.01.2012.

Since the
petitioner has not appeared in the said case, split up case is
ordered to be registered and the split up charge sheet was filed
against the petitioner and S.C.No.157/2022 was came to be
registered and NBW was ordered to be registered against the
petitioner.
9.

Thus it is clear that, the petitioner has already
obtained bail in Crime No.254/2012 of Jayanagar police station.
When the petitioner is already arrested and when he has obtained
the regular bail from this court, the petitioner is not entitle for
anticipatory bail U/s 438 of Cr.P.C. Anticipatory bail U/s 438 of
Cr.P.C can be granted only at the initial stage of any crime before
arrest of the accused in view of apprehension of his arrest. The
power u/s 438 of Cr.P.C. can not be exercised if the accused is
already arrested during the course of investigation of the case.
Since NBW is ordered against the petitioner in S.C.No.157/2022,
the only option left to the petitioner is to surrender before the court
and to file necessary application praying to recall the warrant
issued against him. The present petition filed by the petitioner u/s
438 of Cr.P.C is not maintainable and the petitioner is not entitle for
anticipatory bail. As such, the petition filed by the petitioner is
deserves to be dismissed. Accordingly, I answer the above
point in the Negative.

Crl.Misc.No.7771/2023
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10. Point No.2:- In view of my findings on point No.1, I
proceed to pass the following:
ORDER
The petition filed by the petitioner u/s.438 of Cr.P.C., is
hereby dismissed.
(Dictated to the Stenographer directly on computer, corrected and
then pronounced by me in the open court on this the 22 nd day of
August, 2023).
PRAMODA
BG
Digitally signed by
PRAMODA B G
Date: 2023.08.24
10:20:28 +0530
(B.G.Pramoda)
LII Addl. City Civil & Sessions Judge,
Bangalore.

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