KABC010018432023
IN THE COURT OF THE PRINCIPAL CITY CIVIL AND
SESSIONS JUDGE, AT BENGALURU
Dated this the 13th day of February, 2023
Present:
Shri Muralidhara Pai B.
B.Com., LL.B.

Principal City Civil and Sessions Judge,
Bengaluru.
Crl. Misc. No.598/2023
Petitioners
:1.

Aejaz Ahmed, S/o Pyare Jan,
Aged about 41 years,
R/at No.2, 6th Cross,
Vinayaka Nagar, Nehru Road,
Old Guddadahalli, Mysore Road,
Bengaluru Ц 26.

2.

Mujahid Pasha, S/o Syed Yahoob,
Aged about 32 years,
R/at No.4/10, 4th Cross,
Near Subhaniya Masjid, New
Guddadahalli, Mysore Road,
Bengaluru Ц 26.

3.

Ifran Khan, S/o late Mehaboob Khan,
Aged about 28 years, R/at No.389,
9th Cross, Hosahalli Main Road,
Padarayanapura, Bengaluru – 26.

4.

Allah Bakash,
S/o Mohammed Nasarulla,
Aged about 23 years,
R/o Faiyaz’s House, Near Anwar Hotel,
Hoshalli Main Road, Goripalya,
Bengaluru 26.

Crl.Misc.598/2023
2
5.

Mehboob Khan @ Mahaboob,
S/o Hussain Khan,
Aged about 45 years,
R/at No. 4th Cross, Arfath Nagar,
Old Guddadahalli,
Bengaluru Ц 26.
(By Smt.Shireen Taj, Adv.,)
Vs.

Respondent
:
The State of Karnataka,
Byatarayanapura Police Station,
Bengaluru.
[Rep. by Public Prosecutor]
ORDER
Accused Nos 36, 41, 45, 50 and 59
in
C.C.

No.37523/2022 on the file of XXXI ACMM, Bengaluru (Crime
No.9/2015
of
Byatarayanapura
Police
Station)
have
maintained this petition under Section 438 of Criminal
Procedure Code praying to enlarge them on anticipatory bail
in the event of their arrest in the case in the interest of
justice.
2.

The prosecution has filed objection to this petition.

3.

Heard learned Counsel for Petitioners and learned
Public Prosecutor.

Crl.Misc.598/2023
3
4.

The
following
points
would
arise
for
the
consideration of this Court:
5.

1.

Whether the Petitioners are
entitled for anticipatory bail?

2.

What Order?

The findings of this Court on the above points are
under:
Point No.1:-
In the affirmative;
Point No.2:-
As per final order;
for the following:
REASONS
6.

Point No.1:
On
7.1.2015
Byatarayanapura
Police registered a case in Crime No.9/2015 against 60-70
unknown persons for the offenses punishable under Section
143, 144, 147, 148, 307, 323, 324, 332, 353, 427, 435 r/w.
S.149 of IPC based on a complaint lodged by one Sri
Krishnamurthy S PSI of Byatarauyanapura Police Station.
On completion of the investigation in the said case, a charge
sheet came to be filed against one Sheikh Ismail @ Ismail and
other 62 persons for the offenses punishable under Sections
Crl.Misc.598/2023
4
143, 144, 147, 148, 427, 435, 332, 333, 353, 307 r/w. S.149
of IPC and Section 2(A) P.D.P. Act, 1981.
7.

According to the Petitioners originally
the said
case was registered as C.C. No.11836/2017 on the file of
XXXI ACMM, Bengaluru and that a split-up case came to be
registered
against
Petitioners
have
them
in
C.C.

No.37523/2022.

maintained
this
petition
praying
The
for
anticipatory bail in the case apprehending their arrest at the
hands of jurisdictional police. They have contended that the
other accused in Crime No.9/2015 are already on bail from
crime stage and they are innocent of the alleged offenses.
They have submitted that they are not involved directly or
indirectly in the alleged Crime. As such they have prayed to
allow the petition on the ground that they are ready to abide
by any conditions imposed by the Court on their release of
bail.
8.

The Petitioners have produced the certified copy of
the charge sheet in the said case. The contents of the charge
sheet to go to show that during the investigation the
Crl.Misc.598/2023
5
Investigating Officer did not apprehend Accused Nos.35 to 63
though it is mentioned that they had participated in the
alleged crime and that they have to be interrogated. As
already pointed out, the Petitioners herein have been
arraigned as Accused Nos.36, 41, 45, 50 and 59 in the case.
It is not the case of the prosecution that these persons have
either absconded or somehow avoided the Investigating Officer
and did not cooperate in the investigation of the case. On the
other hand, the materials placed on record by the Petitioners
go to show that they are accused in some other cases
registered in connection with the same incident,
allegedly
occurred on 7.1.2015. It is also not in dispute that the
Petitioners herein are on bail in those cases. Even the other
accused in Crime No.9/2015 are on bail.

In the above
circumstances, this Court holds that the Petitioners have
made out valid grounds to extend them the benefit of
anticipatory bail as prayed in the petition though subject to
conditions. Accordingly, Point No.1 is answered in the
affirmative.

Crl.Misc.598/2023
6
Point No.2: In the result, this Court proceeds to
9.

pass the following:
ORDER
The petition filed under Section 438 of
Criminal Procedure Code is allowed.
The Petitioners shall be released on bail in
the event of their arrest in C.C. No.37523/2022,
on the file of XXXI ACMM, Bengaluru (Crime
No.9/2015 of Byatarayanapura Police Station)
subject to following conditions:
1.

The Petitioners shall execute a personal
bond for Rs.50,000/- each along with a
surety for the like sum, to the satisfaction
of concerned Investigation Officer.

2.

The Petitioners shall not hold any threat to
or lure the prosecution witnesses in any
manner.

3.

Initially, the Petitioners shall appear before
concerned Investigation Officer on or
before 27.2.2023. Thereafter, they shall
regularly appear before the IO or the Court
as the case may be as and when directed to
do so.

4.

The Petitioners shall not change their
residence pending disposal of the case
without prior permission of the Court.

Crl.Misc.598/2023
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5.

The Petitioner shall produce address proof
documents such as Voter’s ID or Aadhaar
Card pertaining to them and their surety at
the time of executing bail bonds.

7.

The Petitioners shall furnish their e-mail ID
and mobile numbers to the Investigation
Officer for receiving communications from
the I.O. or the Court as the case may be.

(Dictated to the Judgment Writer, transcribed by her, Order
corrected, signed and then pronounced by me in Open Court,
on this the 13th day of February, 2023)
(Muralidhara Pai B.)
Principal City Civil & Sessions Judge,
Bengaluru.