Crl.Misc.No.2864/2024 KABC010080192024 IN THE COURT OF THE LX ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH 61) :Present : Sri Narashimsa.M.V., B.Com., LL.B., LX Addl. City Civil & Sessions Judge, Bengaluru. Dated: This the 2nd day of April 2024 : Crl. Misc. No. 2864/2024 : PETITIONERS/ 1. Qutub Barid, ACCUSED :- S/o. Iqbal Pasha, Aged about 27 years, R/at 14/1-1, 5th Main, 5th Cross, Patel Down, Rahamath Nagar, Bengaluru-560 032.

2. Syed Hashmathulla, S/o. Syed Inayathulla, Aged about 26 years, R/at 64/1, 6th Cross, Jalgermamma Temple Street, Chamundi Nagar, R.T.Nagar, Bengaluru-560 032.

3. Nihal Frukhan Sharrif, S/o. Ansar Pasha, Aged about 26 years, R/at No.267, 5th Main Road, 5th Cross, Rahamathnagara, R.T.Nagar, Bengaluru-560 032. Crl.Misc.No.2864/2024

4. Mohammed Umar, S/o. Mokthar Pasha, Aged about 36 years, R/at No.10/2, 3rd Floor, R.T.Nagar, Bengaluru-560 032.

(Rep by Sri Sathish T.- Advocate) V/s RESPONDENT : The State of Karnataka By : R.T.Nagar Police Station, Bengaluru. (Rep. by: Public Prosecutor)

ORDER

Petitioners/Accused No.1 to 4 in R.T.Nagar Police Station Crime No.87/2024 have filed this application under Sec. 438 of Cr.P.C for anticipatory bail. They are alleged to have committed offence punishable u/S 143, 147, 323, 324, 326, 427, 448, 504, 506 r/w. 149 of IPC.

2. Brief facts of the case as forthcoming from bail application

are: Complainant Mohammed Aneesh lodged a complaint on 15.03.2024 at about 4-10 p.m. the complainant and Mohammed Harries went to room, near Pooja Bakery at that time complainant applied brakes, due to which behind riders abused him as to why be put the brake, the complainant apologized to them, but the two unknown riders abused him in filthy language and also tried to assault complainant, at that time they have assaulted Harries also, Crl.Misc.No.2864/2024 later the said two unknown persons trespassed into room of complainant along with 7-8 henchmens’ and assaulted complainant, Mohammed Harries and Security guard Balakumar, broke the window glasses of building, due to which the said Mohammed Harries undergone nose surgery and also on the same day at about 9-00 p.m. the said persons were assaulted Akil Zain, Houshad and Ajith, who went to hotel for their work, hence seeking legal action first information came to be lodged.

3. The grounds urged in this petition are that: petitioners are

innocent of the alleged offences, they have got valuable defence to prove before Court, entire allegations alleged against petitioners are not only false, but they are frivolous, there is also suppression of true and real facts. On reading of entire case records, as per the complainant the incident took place on 15.03.2024 at about 9-30 p.m., but the complainant file complaint after lapse of 12 hours, which throws great doubt about the credibility of complaint. Except the complainant there is no any other witnesses to say about the alleged incident. They are ready to furnish adequate solvent surety for satisfaction of court, the alleged offences are not exclusively punishable by death or life imprisonment.

4. Learned Public Prosecutor has filed detailed objections

to bail application along with memo of instruction given by Crl.Misc.No.2864/2024 Investigating Officer, it is stated that accused persons are not entitled to be enlarged on bail, if they are granted anticipatory bail, there is every possibility of threatening the witnesses and destructing the evidence collected against them. Hence, prayed for rejection of bail petition.

5. Heard the learned Advocate for Petitioners and learned

Public Prosecutor.

6. The point that arise for consideration is :

Whether Anticipatory bail application filed by accused persons in R.T.Nagar Police Station crime No.87/2024, deserves to be allowed ?

7. My finding to the above point is in the affirmative for the

following :- R E A S O N S

8. POINT No.1: Along with bail application, certified copy of

FIR in R.T.Nagar Police Station crime No.87/2024, first information dated 16.3.2024, copy of Medical records/ Casualty reports issued by Bowring and Lady Curzon Hospital, copy of Aadhar card of petitioners are enclosed.

9. Perusal of first information discloses that first informat and

another were in a two wheeler going towards their room to take rest, suddenly first informant had to apply brake, then two wheeler which Crl.Misc.No.2864/2024 was coming from behind dashed against the bike of first informant, rider of the said two wheeler used abusive words against first informant. It is alleged that later on around 7 to 8 people came to room of first informant and his colleague, forcibly entered the room broke the articles, window glasses, assaulted first informant and his collegue. Hence, first information came to be lodged against unknown persons.

10. Perusal of Casualty slips/OPD records issued by Bowring

and Lady Curzon Hospital discloses that petitioners were also injured and they have taken treatment on 15.03.2024. One of the grounds urged in this bail application in para No.6 is as under:- “The petitioners submit that, it is the true fact that, there was a dispute with the unknown person and the present petitioners were on the way to home, due to which the petitioners pacified and tried to stop the incident, due to which the petitioners got injuries and the same was registered MLC at Bowring and Lady Curzon Hospital, Hospital Road, Shivajinagar, Bengaluru, later the petitioners went to jurisdictional/ Respondent police to file the complaint, but the respondent police have refused to register the complaint and now falsely implicated the present petitioners,whichisbadinlaw.”

11. Thus it appears that a case and counter case exist.

Whether petitioners were the aggressors or first informant in R.T.Nagar P.S in Crime No.87/2024 is the aggressors is a matter to be decided after full fledged trial. At present as of now identity of Crl.Misc.No.2864/2024 assailants of first informant is not known even petitioners have stated that assault upon them has been caused by unknown people. Further offence alleged offences are not punishable with death or life imprisonment, apprehension of prosecution can be met by imposing conditions.

12. The factum of petitioners also having suffered injuries

caused by unknown persons, tilts the balance in favour of petitioners. Hence, I answer above point in the affirmative and proceed to pass the following:

ORDER

Anticipatory Bail application filed under Section 438 of Cr.P.C. by Petitioners / Accused No.1 to 4 is hereby allowed. Petitioners/Accused Nos. 1 to 4 shall be enlarged on bail in Crime No.87/2024 of R.T.Nagar Police Station in the event of their arrest, subject to the following : CONDITIONS 1) Petitioners/Accused No.1 to 4 shall execute personal bond for a sum of Rs 50,000/- each with one surety for the like-sum. 2) Petitioners/Accused No.1 to 4 shall not leave the jurisdiction of court without prior permission of the court. 3) Petitioners/Accused No. 1 to 4 shall not threaten the witnesses or destruct the evidence collected against them. Crl.Misc.No.2864/2024 4) Petitioners/Accused No. 1 to 4 shall not involve in any kind of offence henceforth. 5) Petitioners/Accused No. 1 to 4 shall appear before the learned Magistrate on the next date of hearing. 6) Petitioners/Accused No. 1 to 4 shall appear before the investigation officer on or before 17.04.2024 and co- operate with investigation in all respects. (Dictated to the Stenographer-II, transcribed and typed by him after corrections, pronounced by me in Open Court on this the 2nd day of April, 2024) (NARASHIMSA.M.V.) LX Addl. City Civil & Sessions Judge, Bengaluru.