KABC010081222024 Presented on : 22-03-2024 Registered on : 22-03-2024 Decided on : 27-04-2024 Duration : 0 years, 1 months, 5 days IN THE COURT OF THE LXIV ADDL.CITY CIVIL & SESSIONS JUDGE (CCH-65) AT BENGALURU) Dated this 27th day of April 2024 -: P R E S E N T :- Sri. A. Earanna, M.Com, LL.M., I/c LXIV ADDL.CITY CIVIL & SESSIONS JUDGE, CCH-65, BENGALURU CITY. Crl.Misc.No.2888/2024 PETITIONER: : Ramesha, S/o Aniyappa, Aged about 24 years, R/at 3rd Cross, Friends Circle, Rajagopalanagar,, Bengaluru. (Accused No.1) (By : Sri. Umesh T.K., Advocate) 2 Crl.Mis.No.2888/2024 /Vs/ RESPONDENT : State of Karnataka by Rajagopalanagar Police Station, Bengaluru. (Rep. By Learned Public Prosecutor) ORDER ON ANTICIPATORY BAIL APPLICATION FILED UNDER SECTION 438 OF CR.P.C. Petitioner/accused No.1 has filed this petition under Section 438 of Code of Criminal Procedure (hereinafter referred as Cr.P.C.), seeking anticipatory bail in C.C.No.26325/2019 based on Cr.No.741/2017 of Rajagopalanagar police station, Bengaluru for the offences punishable under Sections 399 and 402 of Indian Penal Code (hereinafter referred as I.P.C.), pending on the file of VII Addl. Chief Metropolitan Magistrate, Bengaluru.
2. Learned Public Prosecutor appearing for the
State has filed objection opposing the bail petition. 3 Crl.Mis.No.2888/2024
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/accused No.1 is entitled for anticipatory bail under Section 438 of Code of Criminal Procedure?
2. What Order?
6. For the reasons stated hereinafter, my findings
to the above points are as follows; Point No.1: In the Affirmative Point No.2: As per final order for the following: 4 Crl.Mis.No.2888/2024 R E A S O N S
7. POINT No. 1:- Along with petition, petitioner
has produced certified copies of F.I.R. in Cr.No.741/2017, complaint, charge sheet in C.C.No.26325/2019 and order sheet in C.C.No.26325/2019. Perused the same.
8. The facts set out in the charge sheet, in brief,
is as under; The first informant Sri. V.J. Mithun Shilpi, Police Inspector of Rajagopalanagar Police Station filed complaint alleging that, on 17.07.2017 at about 5.00 p.m. on receipt of credible that besides the compound of Garden city Fashon Garments, Brindavan Road within the jurisdiction of Rajagopalanagara Police station accused persons illegally assembled, by holding deadly weapons and planned to commit robbery from the general public and passersby on the road. On the basis of 5 Crl.Mis.No.2888/2024 the complaint, police have registered FIR, proceeded with investigation and filed charge sheet.
9. Learned counsel for the petitioner/accused
No.1 vehemently argued that, he is innocent of the alleged offences. He has not committed the said offences. He has been falsely implicated in this case. Investigation is completed. Charge sheet is filed. Case is committed to the court of sessions. The petitioner is ready and willing to abide by the terms and conditions that may be imposed by this court. There is serious apprehension of arrest. The learned counsel submits that, the petitioner has made out prima facie case for grant of anticipatory bail.
10. At the out set, the alleged offences are not
punishable with death penalty or imprisonment for life. The commission of offences by petitioner is required to be established during trial. The Hon'ble Supreme Court of India in the decision of State of Rajasthan, Jaipur V/s. 6 Crl.Mis.No.2888/2024 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. It is forth coming from the records that,
investigation is completed. Charge sheet is filed. Case is committed to the court of sessions. Therefore, petitioner is not required for custodial interrogation. Due to non- presence of the petitioner, this court issued NBW against him and recently the petitioner came to know about the issuance of NBW through the police officials of the respondent police station and hence, prefers this bail petitioner seeking for anticipatory bail. There is no criminal antecedents. The petitioner having age old parents and he is the sole male earning member of the 7 Crl.Mis.No.2888/2024 family. The petitioner is permanent resident of the address stated in the cause title. He has got deep roots in the society. The chances of flee from justice is remote. The accused No.8 is already enlarged on bail. hence, he is also entitled to be released on bail on the ground of parity. He is ready to abide by the terms and conditions imposed by this court. The apprehension of the prosecution could be met by imposing stringent conditions to secure the accused person during trial. Under these facts and circumstances 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 in Miscellaneous Application No.1849/2021 dated 11.07.2022, I am of the opinion that, to struck the balance between individual liberty and humiliation due to unjustifiable detention against free and fair trial as well as welfare of society, it is proper to enlarge the petitioner on bail by imposing appropriate 8 Crl.Mis.No.2888/2024 terms and conditions. Accordingly, point No.1 is answered in the Affirmative.
12. 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 petitioner/accused No.1 is allowed. Respondent police is directed to release the petitioner/accused No.1 on bail in the event of his arrest in C.C.No.26325/2019 based on Cr.No.741/2017 of Rajagopalanagara police station, Bengaluru for the offences punishable under Sections 399 and 402 of I.P.C., pending on the file of VII Addl. Chief Metropolitan Magistrate, Bengaluru by taking personal bond for Rs.1,00,000/- (one lakh) with two sureties for like sum on following conditions;
1. Petitioner/accused No.1 shall furnish documents regarding his address 9 Crl.Mis.No.2888/2024
proof and the address proof of his sureties and copy of their Aadhar cards at the time of furnishing sureties.
2. 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 this court.
3. He shall not leave the jurisdiction of India without prior permission of this
court.
4. He shall not involve in any criminal
activities.
5. In the event any change in the
residential address, petitioner and his sureties shall intimate the same to this court immediately without fail. 10 Crl.Mis.No.2888/2024 Violation of any of these conditions would entitle cancellation of bail. (Dictated to the Stenographer Grade-I directly on computer, typed by her and corrected, signed and then pronounced by me in the open court on this 25th day of April, 2024.) (A. EARANNA) I/c LXIV ADDL.CITY CIVIL & SESSIONS JUDGE, CCH-65, BENGALURU CITY. 11 Crl.Mis.No.2888/2024 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 petitioner/accused No.1 is allowed. Respondent police is directed to release the petitioner/accused No.1 on bail in the event of his arrest in C.C.No.26325/2019 based on Cr.No.741/2017 of Rajagopalanagara police station, Bengaluru for the offences punishable under Sections 399 and 402 of I.P.C., pending on the file of VII Addl. Chief Metropolitan Magistrate, Bengaluru by taking personal bond for Rs.1,00,000/- (one lakh) with two sureties for like sum on following conditions;
1. Petitioner/accused No.2 shall
furnish documents regarding 12 Crl.Mis.No.2888/2024 his address proof and the address proof of his sureties and copy of their Aadhar cards at the time of furnishing sureties.
2. 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 this court.
3. He shall not leave the
jurisdiction of India without prior permission of this court.
4. He shall not involve in any criminal activities.
5. In the event any change in the residential address, petitioner 13 Crl.Mis.No.2888/2024
and his sureties shall intimate the same to this court immediately without fail. Violation of any of these conditions would entitle cancellation of bail. Consequently, this criminal miscellaneous proceedings is disposed of. I/c LXIV ADDL.CITY CIVIL & SESSIONS JUDGE, CCH-65, BENGALURU CITY.