The LVI Additional City Civil & Sessions Judge, Bengaluru, has granted regular bail to Ameen Shareef @ Jabbar, one of the accused in a case of armed robbery and grievous hurt. The bail, filed under Section 439 of the Cr.P.C., pertains to Crime No. 188/2023 registered by the Amruthahalli Police Station for the offence punishable under Section 397 of the Indian Penal Code (IPC), which deals with robbery or dacoity with an attempt to cause death or grievous hurt.

The order, pronounced by Judge Sri. T. Govindaiah on September 5, 2023, allowed the petition despite the seriousness of the offence, noting that the police had already secured the accused persons and seized the relevant materials.

Background of the Alleged Incident

The case was registered based on a complaint lodged by Babul Ahamed.

• Date and Time: July 17, 2023, at about 2:40 a.m.
• Location: Near Veerannapalya Junction, Bengaluru.
• Incident Details: The complainant, who was delivering food, was surrounded by four unknown persons riding on two bikes.
• Robbery: The accused allegedly robbed the complainant’s Vivo Y-72 mobile phone and took the vehicle (bearing No. KA-02-KR-2292), which belonged to the complainant’s brother.
• Violence: When the complainant resisted an attempt to rob money, the accused assaulted him with a knife on his left thigh, causing injuries. The complainant eventually called the police with the help of the public.

The petitioner, Ameen Shareef @ Jabbar (22), was subsequently implicated as one of the accused.

Petitioner’s Plea and Prosecution’s Objection

Petitioner’s Arguments

The petitioner, through his advocate Sri. Hemanth, sought bail on the grounds that:

• He is innocent and was falsely implicated, as the original complaint was registered against unknown persons.
• There were no specific overt acts attributed directly to him.
• The offence alleged is not punishable with death or life imprisonment.
• He is a young, permanent resident of Bengaluru and is ready to abide by any conditions imposed by the court, including furnishing surety.
• He claimed to have no criminal antecedents and was no longer required for custodial interrogation, as he was already in judicial custody.

Prosecution’s Opposition

The prosecution, represented by the Public Prosecutor, opposed the bail petition. The main apprehensions raised were:

• The investigation was still under progress, and witness statements were yet to be fully recorded.
• If released on bail, the petitioner might tamper with prosecution witnesses, threaten the complainant, and flee from justice.
• He might not cooperate with the subsequent investigation and trial proceedings.

Court’s Rationale for Granting Bail

After hearing the arguments, the LVI Additional City Civil & Sessions Judge decided in favor of granting bail, answering Point No. 1 in the Affirmative.

The court’s reasoning centered on the progress of the investigation:

• The prosecution papers confirmed that the respondent police had secured the accused persons (including Accused No. 3, who was arrested on August 29, 2023) and seized the materials related to the crime.
• This suggests that the core requirements of recovery and identification, which necessitate custodial detention, have been substantially met.
• While acknowledging the prosecution’s fear that the petitioner might get involved in other criminal activities or threaten witnesses, the court held that these apprehensions could be effectively managed by imposing strict conditions on the bail order.

The court, therefore, deemed the petitioner entitled to the relief sought, balancing the gravity of the offence under Section 397 IPC with the status of the investigation.

Bail Conditions

The court allowed the petition under Section 439 of the Cr.P.C., ordering the release of Ameen Shareef @ Jabbar subject to the following mandatory conditions:

1. Personal Bond and Sureties: The petitioner must execute a personal bond for Rs. 1,00,000/- (Rupees One Lakh Only) with two sureties for the like sum.
2. Court Appearance: The petitioner shall appear before the trial court on all hearing dates without fail, except in unavoidable circumstances.
3. No Tampering: The petitioner shall not threaten or allure the prosecution witnesses.
4. No Similar Offences: The petitioner shall not involve himself in any similar nature of offences.
5. Address Proof: The petitioner must produce documents regarding his address proof before the court.
6. Jurisdiction: The petitioner shall not leave the jurisdiction of the court without prior permission.

The court explicitly warned that violation of any of these conditions will automatically lead to the cancellation of bail.