The Court of the LXVII Additional City Civil & Sessions Judge, Bengaluru City (CCH-68), presided over by Sri Kashim Churikhan, B.A., LL.M., delivered a judicial order on April 8, 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. 2811/2024 extended pre-arrest bail protection to two petitioners—Sri Suresh M. (Accused No. 2) and Sri Srinivasa Murthy (Accused No. 3)—in connection with C.C. No. 28696/2023 (arising out of Crime No. 437/2023 of the Yelahanka New Town Police Station, Bengaluru), pending on the file of the XXX Additional Chief Metropolitan Magistrate (ACMM), Bengaluru. The petitioners faced prosecution for alleged offences punishable under Section 427 (mischief causing damage) and Section 447 (criminal trespass) read with Section 34 of the Indian Penal Code (IPC).

Factual Matrix and Prosecution Allegations

The criminal proceedings originated from a formal complaint lodged regarding a property dispute:

• The Incident: According to the informant, Sy. No. 53/2 is the self-acquired property of his mother. On October 24, 2023, at approximately 3:00 PM, stone fencing was erected along the boundaries of the land. However, on the same day at about 5:30 PM, the accused individuals allegedly trespassed onto the property and destroyed the stone boundary markers.
• Police Investigation and Charge Sheet: Following the complaint, the Yelahanka New Town Police registered Crime No. 437/2023. Upon completion of the investigation, the police filed a charge sheet against the accused persons, leading to the registration of C.C. No. 28696/2023, which prompted the petitioners to seek anticipatory bail apprehending arrest.

Details of the Petitioners

• Petitioner No. 1 / Accused No. 2: Sri Suresh M., aged about 56 years, son of Muniyappa.
• Petitioner No. 2 / Accused No. 3: Sri Srinivasa Murthy, aged about 63 years, son of Muniyappa.
• Common Residential Address: Both residing at No. 28, Nagenahalli, Singanayakanahalli, Yelahanka New Town, Bengaluru – 560064.
• Legal Representation: Sri R.N., Advocate
• Prosecution Representation: Learned Public Prosecutor, State by Yelahanka New Town Police Station

Submissions Advanced by the Parties

On Behalf of the Petitioners

1. Innocence and Civil Nature: The defense maintained that the petitioners—who are brothers, agriculturists, and permanent residents—were entirely innocent and lacked worldly knowledge. Counsel argued that the dispute was purely civil in nature, noting that the complainant had created a sale deed on the strength of an unregistered General Power of Attorney (GPA).
2. Custodial Unnecessity: It was urged that since the charge sheet had already been filed by the police, custodial interrogation of the petitioners was unwarranted, and they were fully prepared to offer solvent sureties and abide by any conditions imposed by the court.

On Behalf of the Respondent (State)

1. Opposition to Pre-Arrest Bail: The learned Public Prosecutor filed formal objections, contending that the charge sheet material disclosed a clear prima facie case regarding the commission of trespass and mischief.
2. Flight Risk and Interference: The state argued that the petitioners had been absconding since the commission of the offence, and granting anticipatory bail would pose a risk of witness tampering, destruction of evidence, and evasion of the judicial process.

Judicial Findings and Legal Reasoning

Upon evaluating the records, case papers, and rival submissions, Judge Kashim Churikhan recorded definitive findings on Point No. 1:

1. Trial Adjudication: The court observed that the allegations and disputed facts must be established through a full-fledged trial backed by authenticated testimony from prosecution witnesses, and the primary criteria for granting bail remain securing the accused for trial and investigation.
2. Nature of Offences: The judge noted that the offences alleged under Sections 427 and 447 IPC are not punishable with death or imprisonment for life.
3. Filing of Charge Sheet: Highlighting that the police had already completed the investigation and filed a charge sheet (C.C. No. 28696/2023), the court held that the petitioners’ apprehension of arrest was well-founded, and any apprehensions raised by the prosecution could be effectively mitigated by imposing appropriate conditions.

Final Anticipatory 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 ordered that Sri Suresh M. and Sri Srinivasa Murthy (Accused Nos. 2 and 3) be released on bail in the event of their arrest in connection with C.C. No. 28696/2023 (Crime No. 437/2023) of Yelahanka New Town Police Station, upon executing a personal bond for ₹1,00,000/- each along with one surety for the like sum, subject to the following conditions:

1. Court Attendance: The petitioners shall appear before the trial court on all hearing dates.
2. No Witness Tampering: The petitioners shall not tamper with the prosecution witnesses.
3. Non-Recidivism: The petitioners shall not indulge in committing any offences.