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Crl. Misc. No.5949/2022
KABC010159772022
IN THE COURT OF THE LXI ADDL. CITY CIVIL,
SESSIONS JUDGE: BENGALURU CITY
Dated this the 24 th day of June, 2022
-: PRESENT :Sri R.Ravi, B.Sc., LL.B.,
LXI Addl. City Civil & Sessions Judge,
Bangalore, (CCH-62)
CRL. MISC. No.5949/2022
Petitioner/s
:
1. Joon Abbas
S/o.Abbas
Aged about 54 years
No.45, Farida Villa,
Amakin E Burhaniya
Bohra Colony,
Gottigere
Bannerghatta Road
Bengaluru.
(By Sri.Vijay Kashyap.S, Adv.)
V/s
Respondent
:
The State by
Hulimavu Police Station
Bengaluru.

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Crl. Misc. No.5949/2022
(Rep. by Public Prosecutor,
Bengaluru.)

ORDER ON ANTICIPATORY BAIL APPLICATION ONE
FILED BY THE PETITIONER UNDER SECTION 438 OF
Cr.P.C.
The case of the petitioner is that he is innocent of the
alleged offences and he has been falsely implicated by the
respondent police in collusion with the complainant and
respondent police have already filed charge sheet and hence
he is no more required by the respondent police and he is a
law abiding citizen having deep roots in the society and the
alleged
offences
are
not
punishable
with
death
or
imprisonment for life & he is permanent resident of the
address as mentioned in the cause title of the petition and he
is ready and willing to abide by the terms and conditions that
may be imposed by the court and also ready to offer surety to
satisfaction of the court
and since the respondent police
have registered a false case in C.C. No.3554/2019
offences punishable under Section
for the
483, 486, 420 R/W
Section 34 of IPC and 63 of Copy Right Act and are trying to
arrest him then he is constrained to file this petition for
granting of anticipatory bail.

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Crl. Misc. No.5949/2022
2. On the other hand the learned Public Prosecutor has
filed his objections & opposed the above application that the
grounds
urged
for
granting
anticipatory
bail
are
not
satisfactory & now at this stage if the petitioner is granted
anticipatory bail then he may abscond & tamper the
prosecution witnesses & accordingly prayed for rejection of
the bail petition.

3. I have heard the arguments of both sides & the points
that would arise for my consideration are as hereunder;
1) Whether the petitioner has made
out a prima-facie case for grant of
anticipatory bail as prayed in the bail
petition?
2) To what Order?

4. My findings on the above points are as follows:Point No.1 – In Affirmative with conditions;
Point No.2 – As per final Order, for the following;
R E A S ON S
5.

Point No.1:- On perusal of the FIR, complaint &
charge sheet it is alleged against the petitioner that he was
selling duplicate items/look-alike TVS products and caused
loss to the said company and thereby committed the alleged
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Crl. Misc. No.5949/2022
offences punishable under section
483, 486, 420 R/W
Section 34 of IPC and 63 of Copy Right Act.

6. On the other hand though the prosecution has
opposed the case of the petitioner that the same is neither
maintainable in law nor on facts, the same do not hold any
water as the police have completed investigation and have
filed charge sheet against the petitioner and the said charge
sheet and so also the cause title of the above petition shows
that the petitioner is resident of Bengaluru and his presence
can be secured easily.

7. And more over since the alleged offences under
Section 483, 486, 420 R/W Section 34 of IPC and 63 of Copy
Right Act are not at all punishable with death or life
imprisonment and since the alleged offences against the
petitioner has to be decided through a thorough trial and
since the apprehension of the prosecution could be met by
imposing stringent conditions then looking into the nature
and gravity of the alleged offences, I am of the considered
opinion that the petitioner has made out a prima-facie case
for grant of anticipatory bail subject to conditions and
accordingly, I have answered the above point No.1 in
affirmative.

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Crl. Misc. No.5949/2022
8.

Point No.2 :- In view of the discussion made on
point No.1 and further holding it in the affirmative, I proceed
to pass the following:OR D E R
The anticipatory bail petition one filed by
the petitioner u/s 438 of Cr.P.C., is hereby
allowed subject to following conditions;
1. That in the event of arrest of the
petitioner in C.C. No.3554/2019 of respondent
Police, he shall be released on bail on executing
a personal bond for Rs.1,00,000/- with one
surety for like sum amount.
2. That the petitioner shall appear before
the trail court within 30 days from the date of
this order and shall furnish personal bond for
Rs.1,00,000/- with one surety for like sum
amount.
3. That the petitioner shall not hold any
threat to the complainant and shall not tamper
with any of the prosecution witnesses directly or
indirectly.
4. That the petitioner shall not leave the
jurisdiction of the court without prior permission
5. That the petitioner shall furnish his
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Crl. Misc. No.5949/2022
residential address proof and that of his surety.
6. That the petitioner shall not indulge in
similar type of offences in future.
7. That the petitioner shall appear before
the trial court regularly without fail on receipt of
the summons.
8. That if the petitioner fails to obey any of
the above said conditions, then this bail order
automatically stands cancelled.
(Dictated to the Stenographer, transcribed and typed by her, corrected, signed and then pronounced
by me in the open Court on this the 24th day of June, 2022).

(R.RAVI)
LXI ACC & SJ, B’luru
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Crl. Misc. No.5949/2022
24.06.2022
P-VKS
R-PP
Order
Order pronounced in open Court (vide separate
order) with the following operative portion:ORDER
The anticipatory bail petition
one filed by the petitioner u/s 438 of
Cr.P.C., is hereby allowed subject to
following conditions;
1. That in the event of arrest of
the petitioner in C.C. No.3554/2019
of respondent Police, he shall be
released
on
bail
on
executing
a
personal bond for Rs.1,00,000/- with
one surety for like sum amount.
2.

That
the
petitioner
shall
appear before the trail court within
30 days from the date of this order
and shall furnish personal bond for
Rs.1,00,000/- with one surety for like
sum amount.

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Crl. Misc. No.5949/2022
3. That the petitioner shall not
hold any threat to the complainant and
shall not tamper with any of the
prosecution
witnesses
directly
or
indirectly.
4. That the petitioner shall not
leave the jurisdiction of the court
without prior permission
5.

That
the
petitioner
shall
furnish his residential address proof
and that of his surety.
6. That the petitioner shall not
indulge in similar type of offences in
future.
7.

That
the
petitioner
shall
appear before the trial court regularly
without
fail
on
receipt
of
the
summons.
8. That if the petitioner fails to
obey any of the above said conditions,
then
this
bail
order
automatically
stands cancelled.
(R.RAVI)
LXI ACC & SJ, B’luru
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