The Court of the LII Additional City Civil & Sessions Judge, Bangalore (CCH-53), presided over by Sri B.G. Pramoda, B.A.L., LL.B., delivered a judicial order on April 4, 2024, allowing an anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The ruling in Criminal Miscellaneous Petition No. 2986/2024 extended pre-arrest bail protection to Sri D. Rangaswamy (Accused No. 4) in connection with Crime No. 108/2024 registered by the Rajagopalanagar Police Station, Bengaluru, pending on the file of the XXXI Additional Chief Metropolitan Magistrate (ACMM), Bengaluru. The petitioner faced apprehension of arrest for alleged offences punishable under Sections 420 (cheating), 341 (wrongful restraint), 307 (attempt to murder), and 323 (voluntarily causing hurt) read with Section 34 of the Indian Penal Code (IPC).

Factual Matrix and Prosecution Allegations

The criminal proceedings originated from a formal complaint lodged by Mahammad Kunhi K. regarding an violent incident on March 21, 2024:

• Incident at Petrol Station: According to the prosecution, on March 21, 2024, at around 10:40 AM, at the BRS (HP) Service Station (petrol bunk) owned by Accused No. 4, the informant’s brother asked Accused Nos. 1 to 3 to provide proper petrol and issue a bill.
• Assault with Iron Rod: Feeling angered by the query, Accused Nos. 1 to 3 allegedly assaulted the informant’s brother with an iron rod with the intention to commit murder, causing bodily injuries. When the informant arrived at the scene and admitted his brother to the hospital, he questioned the petrol bunk owner (Accused No. 4) regarding the incident.
• Allegations Against Petitioner: The petitioner, Sri D. Rangaswamy, who is the owner of the petrol bunk (Accused No. 4), was specifically alleged to have abused the informant in filthy language and issued criminal life threats, leading the Rajagopalanagar police to register Crime No. 108/2024.

Details of the Petitioner

• Name: Sri D. Rangaswamy (Petitioner / Accused No. 4)
• Father’s Name: Late Doddacheluvaiah
• Age: About 78 years
• Residential Address: No. 243, 7th ‘B’ Main Road, 3rd Stage, 4th Block, Basaveshwaranagar, Bengaluru – 560079.
• Legal Representation: Sri Shreerangaiah L., Advocate

Submissions Advanced by the Parties

On Behalf of the Petitioner

1. Innocence and False Implication: The defense maintained that the 78-year-old petitioner was entirely innocent, had no direct involvement in the physical assault, and was falsely implicated merely because he owns the petrol bunk where the dispute arose.
2. Apprehension of Arrest: Counsel emphasized that the police were making hectic efforts to arrest the senior citizen, justifying the invocation of Section 438 Cr.P.C.

On Behalf of the Respondent (State)

1. Grave Nature of Offences: The learned Public Prosecutor, along with written arguments from the informant, strongly opposed the bail petition, highlighting that the case involved an attempt to murder committed using an iron rod at the petitioner’s establishment.
2. Risk of Tampering: The state argued that enlarging the petitioner on bail could lead to abscondance, witness intimidation, or destruction of evidence while investigation was underway.

Judicial Findings and Legal Reasoning

Upon evaluating the records, I.O. reports, and rival submissions, Judge B.G. Pramoda recorded definitive findings on Point No. 1:

1. Non-Capital Nature of Offences: The court observed that although Section 307 IPC is non-bailable, the primary allegation against Accused No. 4 (petitioner) was limited to verbal abuse and criminal intimidation, which are bailable offences, and the overall offences are triable by a Magistrate and do not carry a mandatory sentence of death or life imprisonment.
2. Progress of Investigation: The court noted from the I.O. report that the spot mahazar had been completed, the iron rod used in the assault had already been recovered pursuant to the voluntary statements of Accused Nos. 1 and 2, and the injured brother had been discharged from the hospital with no ongoing danger to his life, rendering further custodial interrogation of the 78-year-old owner unnecessary.
3. Principle of Parity: Taking into account that co-accused (Accused Nos. 1 and 2), against whom direct physical assault was alleged, had already been enlarged on bail by the Sessions Court in Crl. Misc. No. 2925/2024 and 2929/2024, the court held that the petitioner was equally entitled to pre-arrest protection.

Final Pre-Arrest Bail Order and Conditions Imposed

Answering Point No. 1 in the affirmative, the Sessions Court allowed the petition filed under Section 438 Cr.P.C.

The court directed the Rajagopalanagar police to release Sri D. Rangaswamy (Accused No. 4) on bail in the event of his arrest in connection with Crime No. 108/2024, upon executing a personal bond for ₹1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Magistrate, subject to the following conditions:

1. Investigative Appearance: The petitioner shall appear before the Investigating Officer within two weeks from the date of the order and furnish all necessary information and documents.
2. Cooperation: He shall appear before the Investigating Officer as and when called for and cooperate fully with the ongoing investigation.
3. No Tampering: 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 them from disclosing facts or tamper with evidence.
4. No Destruction: He shall not try to destroy evidence.
5. Travel Restriction: He shall not leave India without prior permission of the jurisdictional Magistrate.
6. Non-Recidivism: He shall not commit any offence of a similar nature or any other offence in the future.