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Crl.Misc.No.3158/2024
KABC010089052024
IN THE COURT OF LV ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU (CCC-56)
: Present :
Sri. SHRIRAM NARAYAN HEGDE,
B.A., LL.M.,
LV Addl. City Civil and Sessions Judge,
Bengaluru.
DATED: THIS THE 6TH DAY OF APRIL 2024
CRL.MISC. NO.3158 / 2024
PETITONER/S:
SYED SIDDIQ S/O SYED KHALEEL
AGED ABOUT 37 YEARS,
RESIDING AT NO.9711, 1ST CROSS,
NEAR QUBA MASJID
YARAB NAGAR,
BANASHANKARI 2ND STAGE,
BENGALURU – 560 070.
(By Sri.N.Sampath Kumar, Adv..)
VERSUS
RESPONDENT
THE STATE OF KARNATAKA
BY BANASHANKARI
POLICE STATION, BENGALURU,
(By Public Prosecutor)
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Crl.Misc.No.3158/2024
ORDER
The petitioner / accused No.1 has filed this petition
under Section 438 of Cr.P.C. seeking for
an order of
anticipatory bail.
2.

On the complaint filed by Sri.Santosh Ram R. Police
Inspector, a case is registered at the respondent police
station in Cr.No.74/2024 against the accused for the
offences punishable u/Ss. 420, 285 r/w S.34 of IPC.
3.

The case of the prosecution in brief is that, on
23.03.2024 the complainant had received a credible
message that, at Tippu Stores, Yarab Nagar Main Road,
Banashhankari
II
Stage,
within
the
jurisdiction
of
Banashankari Police Station, in a residential area some
persons without obtaining licence
from the Government,
stored Gas cylinders illegally and they are selling the same
for their benefit. Hence, the complainant conducted a raid
along with his staff and arrested the accused No.2 and 3 in
the spot and recovered material objects and came to the
respondent police station and filed a complaint. Now the
investigation is going on.

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Crl.Misc.No.3158/2024
4.

Now, this petitioner / accused No.1 is contending that
he is an innocent person and he has not committed any
offence. He has no knowledge about this incident. He is
falsely implicated in this case.

At no point of time, he is
involved in the crime. There is no prima facie case against
him. The accused No.2 and 3 are enlarged on bail by the
trial court.

This petitioner is ready to abide by the
conditions that may be imposed by this court. The alleged
offences are even though non-bailable, they are not
punishable with death or imprisonment for life. It is not in
dispute that the petitioner is the permanent resident of the
address mentioned in the cause title. Hence, prayed to
allow the petition.
5.

Learned Public Prosecutor has contested this petition
by filing detailed objections by reiterating the case of the
prosecution and further contended that there is prima facie
case against the petitioner.

If he is
enlarged on bail he
may tamper with prosecution witnesses. He may abscond.
Hence, prayed to reject the bail application.
6.

Heard arguments and perused the records.

7.

Now the point for determination is as follows.

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Crl.Misc.No.3158/2024
“Whether the petitioner / accused No.1 has made out
sufficient grounds to grant an order of anticipatory bail
by resorting to special powers vested in this Court
under Section 438 of Cr.P.C.?”
8.

On the basis of the materials available on record
finding to the above point is in the AFFIRMATIVE for the
following.
REASONS
9.

I have gone through the entire materials available on
record. Even though the alleged offences are non-bailable,
they are not punishable with death. It is not in dispute that
this
petitioner is the permanent residents of the address
mentioned
in
the
cause
title.

There
is
no
criminal
antecedents. The accused No.2 and 3 are enlarged on bail
by the trial court. Such being the case, stringent conditions
will meet the apprehension of the prosecution. Hence, the
aforesaid point is answered in the AFFIRMATIVE and
proceed to pass the following.
ORDER
Bail petition filed by the petitioner / accused
No.1
under Section 438 of Cr.P.C. is hereby ALLOWED.
In the event of arrest of this petitioner / accused No.1
in Cr.No.74/2024 of respondent police, he shall be enlarged
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Crl.Misc.No.3158/2024
on bail by accepting personal bond in a sum of Rs.50,000/with one surety for likesum, on the following conditions.
1.

The petitioner / accused No.1 shall appear before the
Investigating officer within 10 days from the date
of this order.

2.

He
shall not tamper with prosecution witnesses in
any manner.
3.

He shall co-operate with Investigating Officer as and
when called for investigation.

4.

He shall not involve in any criminal activities.

5.

He shall mark his attendance in the respondent police
station on 1st Sunday of every month between 11-00
a.m. and 5-00 p.m. till filing of final report.

(Dictated to the SG-I, transcribed by him and then corrected
by me and then pronounced in the open court on this the 6 th
day of APRIL 2024)
(SHRIRAM NARAYAN HEGDE),
LV Addl. City Civil & Sessions Judge,
Bengaluru. (CCH-56)
SHRIRAM
NARAYAN
HEGDE
Digitally signed by
SHRIRAM
NARAYAN HEGDE
Date: 2024.04.06
17:04:26 +0530