KABC010085342024 Presented on : 26-03-2024 Registered on : 26-03-2024 Decided on : 15-04-2024 Duration : 0 years, 0 months, 19 days IN THE COURT OF THE LXIV ADDL.CITY CIVIL & SESSIONS JUDGE (CCH-65) AT BENGALURU) Dated this 15th day of April, 2024 -: P R E S E N T :- Smt. Kalpana M.S., B.Sc., LL.M.,PGD-CLCF., LXIV ADDL.CITY CIVIL & SESSIONS JUDGE, CCH-65, BENGALURU CITY. Crl.Misc.No.3020/2024 PETITIONER : Mohn Ram.L S/o.Linganthan, Aged about 55 years, R/at.No.31/4, 2nd Main Road, Thirupathi Nagara, Behind MuruganTemple, Koathur, Tiruvallur Tamilnadu, Working at: Asst. Manager, Crl.Misc.No.3020/2024 Location Incharge MDW Blue Dar Express Ltd., No.8, CMDA Tuck Terminal CWC Warehouse, Ponniamman Mede, Chennai-600110 (By Sri. P.Ravi, Advocate) /Vs/ RESPONDENT : State of Karnataka by Suddaguntepalya Police Station, Bengaluru. (Rep. By Learned Public Prosecutor) ORDERS ON ANTICIPATORY BAIL APPLICATION U/S.438 OF CR.P.C. Petitioner has filed this petition U/s.438 of Code Criminal Procedure (hereinafter referred as Cr.P.C.,) seeking anticipatory bail in Cr.No.28/2024 of Suddaguntepalya police station, Bengaluru for the offences punishable U/s.417, 420 120(B) of Indian Penal Code (hereinafter referred as I.P.C.) and U/s.7 and 8 of Prohibition of Electronic Cigarettes (Production Crl.Misc.No.3020/2024 Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act pending on the file of VI-Addl. Chief Metropolitan Magistrate Court, Bengaluru.

2. Learned Public Prosecutor appearing for the

State has filed objections statement along with report of the Investigating Officer opposing the bail petition.

3. For the purpose of brevity, the facts stated in

the petition and objections will be stated at appropriate stage of the orders.

4. Heard arguments. Perused the materials on

record.

5. The points do arise for my consideration are;

1. Whether petitioner is entitled for grant of anticipatory bail U/s.438 of Code of Criminal Procedure?

2. What Order? Crl.Misc.No.3020/2024

6. For the reasons stated hereinafter, my findings on the above points are as follows;

Point No.1: In the Affirmative Point No.2: As per final order for the following:- R E A S O N S

7. POINT No.1:- Along with petition, petitioner

has produced certified copies of complaint, F.I.R. order sheet in Cr.No.28/2024, remand application and copy of Identity card. Perused the same.

8. The facts set out in the complaint, F.I.R., in

brief, is as under; The complainant-B.R.Gouda, the Police Inspector alleged in the complaint that, on 27.01.2024 at 10.00 a.m. he received information that, in the House No.44, 2nd Floor, 2nd Main Road, KEB Colony, New Guruppanapalya, Bengaluru, the residents of Kerala Crl.Misc.No.3020/2024 have imported E-Cigarette from Foreign countries by illegal means. Even though the Government of India prohibited electronic cigarettes, miscreants stored illegally imported E-cigarettes for unlawful gain. On the credible information received, the complainant conducted raid and seized E-Cigarettes worth Rs.3 crores and Samsung Mobile in the presence of panchas. On these allegations, the complainant police registered F.I.R, for the offences punishable U/s.417, 420 120(B) of I.P.C. and U/s. 7 and 8 of Prohibition of Electronic Cigarettes (Production Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act and proceeded with investigation.

9. Learned counsel vehemently argued that,

petitioner is innocent of the alleged offences. He has not committed the said offences. He has been falsely implicated in this case. F.I.R. does not disclose the Crl.Misc.No.3020/2024 name of the petitioner. The petitioner is no way connected with the above offence nor for the above incident of transportation of the alleged goods. The petitioner is just and employee in the said courier company. There is serious apprehension of arrest. The petitioner is ready and willing to co-operate with respondent police during the course of investigation as and when required. He is permanent resident of the above said address and willing to produce any identification. Further, he is ready and willing to abide by the terms and conditions that may be imposed by this court. The learned counsel submits that, the petitioner has made out prima facie case for grant of pre-arrest bail.

10. At the out set, the alleged offences are

neither punishable with death penalty nor imprisonment for life. The commission of offences by the petitioner is Crl.Misc.No.3020/2024 required to be established during trial. The Hon'ble Supreme Court of India in the decision of State of Rajasthan, Jaipur V/s. Balachandh @ Baliay (AIR 1977 SC 2447) and in catena of decisions pleased to laid down the legal doctrine that "Bail is a rule and jail is an exception". This legal doctrine is laid down for safeguarding fundamental right under Article 21 of Constitution of India, granting the right to life and liberty.

11. The offence alleged against the petitioner is

punishable under 420 of I.P.C. and other allied offences. It is settled law that, in a case of this nature, custodial interrogation is not warranted. In the decision reported in AIR 2023 Supreme Court 1570: AIR Online 2023 SC 198 in a case of Mahdoom Bava V/s.Central Bureau of Investigation, the Hon'ble Court pleased to observe that; Crl.Misc.No.3020/2024 Criminal P.C. (2 of 1974) S.438 – Anticipatory bail – Entitlement – Offences U/Ss. 420, 467, 468, 471 R/w.Sec.120B of I.P.C. and S.13(3) R/w.Sec. 13(1)(d) of the Prevention of Corruption Act – When case was primarily based on documentary evidence, arrest of accused persons was not warrantedEleven cases were registered against prime accused but those cases were not relevant for adjudicating the present matter. Accused persons apprehended that they may be remanded to custody by trial courtAnticipatory bail granted. The ratio laid down in the cited decision is squarely applicable to the facts and circumstances of this case.

12. It is forthcoming from the records that,

F.I.R. does not disclose the name of the petitioner. However, in view of the law laid down in Guru Baksha’s case, the relief U/s.438 of Code of Criminal Procedure is extendable to the present petitioner. It is to be noted that, name of the petitioner is reflected in the voluntary statement of the accused No.3 and 4. The said accused persons are already on bail. By extending the rule of Crl.Misc.No.3020/2024 parity petitioner is also entitled for bail. There is no report of criminal antecedents. The apprehension of the prosecution could be met by imposing stringent conditions to secure the petitioner during trial. The petitioner has permanent place of abode in Chennai. The apprehension of the prosecution could be met by imposing stringent conditions to secure the petitioner during trial. Under the facts and circumstances and having regard to the nature of offences alleged and punishment prescribed and in view of the law laid down by Hon'ble Supreme Court of India in the case of Satender Kumar Antil V/s.Central Bureau of Investigation reported in 2022 Live Law (SC) 577 , I am of the opinion that, it is proper to enlarge the petitioner on bail by imposing appropriate terms and conditions, in the interest of trial. Since petitioner is resident of Chennai, it is proper to direct him to furnish Crl.Misc.No.3020/2024 local surety, to meet the interest of prosecution. Accordingly, point No.1 is answered in the Affirmative.

13. POINT NO.2: In view of the aforesaid discussion, this court proceed to pass the following :

O R D E R Anticipatory bail petition U/s.438 of Cr.P.C., filed by the petitioner is allowed. Respondent police is directed to release the petitioner/accused on bail in the event of his arrest in Cr.No.28/2024 of Suddaguntepalya police station, Bengaluru for the offences punishable U/s.417, 420 120(B) of I.P.C. and U/s. 7 and 8 of Prohibition of Electronic Cigarettes (Production Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act pending on the file of IAddl. Chief Metropolitan Magistrate Court, Bengaluru by taking personal bond for ₹ .50,000/- (fifty thousand) with two sureties Crl.Misc.No.3020/2024 out of which one shall be local surety for like sum on following conditions;

1. Petitioner shall appear before Investigating Officer and co-operate

with investigation within 15 days from the date of this order and make himself available for investigation as and when called by the Investigating Officer.

2. He shall furnish documents

regarding his address proof, the address proof of his sureties at the time of furnishing sureties.

3. He shall mark his attendance at

respondent police station on 1st and 3rd Sunday of every month between 10.00 a.m. and 2.00 p.m., till conclusion of investigation or for a period of 3 months, whichever is earlier. Crl.Misc.No.3020/2024

4. He 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 from disclosing such facts either to the Investigation Officer or to the trial court.

5. He shall not leave the jurisdiction of

India without prior permission of the trial court.

6. He shall not involve in any criminal activities.

7. In the event any change in the residential address, petitioner and

his sureties shall intimate the same to the trial court immediately without fail. Crl.Misc.No.3020/2024 Violation of any of these conditions would entitle cancellation of bail. (Dictated to the Judgment Writer, script transcribed by her, then corrected, signed and pronounced by me in open court on this 15th day of April, 2024). (KALPANA M.S.) LXIV ADDL.CITY CIVIL & SESSIONS JUDGE, CCH-65, BENGALURU CITY. Crl.Misc.No.3020/2024 Order pronounced in the open Court, vide separate Order:- O R D E R Anticipatory bail petition U/s.438 of Cr.P.C., filed by the petitioner is allowed. Respondent police is directed to release the petitioner on bail in the event of his arrest in Cr.No.28/2024 of Suddaguntepalya police station, Bengaluru for the offences punishable U/s.417, 420 120(B) of I.P.C. and U/s. 7 and 8 of Prohibition of Electronic Cigarettes (Production Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act pending on the file of I-Addl. Chief Metropolitan Magistrate Court, Bengaluru by Crl.Misc.No.3020/2024 taking personal bond for ₹.50,000/- (fifty thousand) with two sureties out of which one shall be local surety for like sum on following conditions;

1. Petitioner shall appear before Investigating Officer and co-

operate with investigation within 15 days from the date of this order and make himself available for investigation as and when called by the Investigating Officer.

2. He shall furnish documents

regarding his address proof, the address proof of his sureties at the time of furnishing sureties.

3. He shall mark his attendance at

respondent police station on 1st and 3rd Sunday of every month between 10.00 a.m. and 2.00 p.m., till conclusion of Crl.Misc.No.3020/2024 investigation or for a period of 3 months, whichever is earlier.

4. He 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 from disclosing such facts either to the Investigation Officer or to the trial court.

5. He shall not leave the jurisdiction of India without prior permission

of the trial court.

6. He shall not involve in any

criminal activities.

7. In the event any change in the

residential address, petitioner and his sureties shall intimate the same to the trial court immediately without fail. Crl.Misc.No.3020/2024 Violation of any of these conditions would entitle cancellation of bail. Consequently, this criminal miscellaneous proceedings is disposed of. LXIV ADDL.CITY CIVIL & SESSIONS JUDGE, CCH-65, BENGALURU CITY.