KABC010233082023
Presented on : 29-08-2023
Registered on : 29-08-2023
Decided on : 07-09-2023
Duration : 0 years, 0 months, 9 days
BEFORE THE LXVI ADDL. CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
(CCHн67)
DATED: This the 7th day of September, 2023
PRESENT
Sri. S. NATARAJ., BAL., LLB.
LXVI Addl.City Civil & Sessions Judge,
Bengaluru
Crl.Misc.No. 8456 of 2023
Petitioner :
Respondent :
Anaab @ Gulfam,
S/o Malik Pasha,
Aged about 23 years,
R/at No.499, 6th Cross,
Near Makka Masjid,
Gangondanahalli,
Bengaluru 560039.
(Accused No.2 in JC)
(By Sri.Shahida Khanam, Adv.)
/Vs/
State by:
Chamarajapet Police Station,
Bengaluru.
(By Public Prosecutor.)

2
Crl.Misc.No.8456/2023
ORDERS ON BAIL APPLICATION FILED UNDER
SEC.439 OF Cr.P.C.
This petition is filed by the petitioner/accused under
Section
439
of
Cr.P.C.

seeking
regular
bail
in
Cr.No.157/2023, registered by respondent police for the
offences under Sections 25(1B)(b)of Arms Act and Section
397 IPC pending on the file of XXIV ACMM, Bengaluru.
2. Brief facts of the case are as follows:
He is innocent of the offence alleged. He has not
committed
the
offence.

The
offence
alleged
is
not
punishable with life or death. There is no prima facie case
against the petitioner. The petitioner is in custody since
from the date of arrest. There is no criminal antecedents.
The petitioner is ready and willing to abide by the
conditions, prayed to allow the petition.
3. The learned Public Prosecutor filed objections
along with report of Investigation Officer contending that
the petition is not maintainable. The petitioner along with
other accused persons on 20.8.2023 at 3:00 p.m. at
3
Valmiki
Nagara
1st
Main,
Crl.Misc.No.8456/2023
by
showing
knife
robbed
Rs.2800/н from the complainant and threatened him. The
investigation is pending. From the possession of accused
No.1 the dagger has been seized and subjected to
PF.73/2023.

If the petitioner is granted bail he may
continue to commit similar offences. The investigation is
pending and prayed to dismiss the petition.
4. Heard the arguments of both sides. Perused the
record.
5. Out of above said facts and circumstances of the
case, the points that arose for consideration are as under:
Point No.1: Whether the petitioner/Accused
is entitled for regular bail ?
Point No.2: What Order?
6. My answer to the above points are as under:
Point No.1: In the Affirmative
Point No.2: As per the final order for the
following reasons:
4
Crl.Misc.No.8456/2023
REASONS
7. POINT No.1: One
Herbaz
Khan
has
filed
complaint alleging that on 20.8.2023 at 3:00 p.m. while he
was proceeding towards his house on 1 st main at
Valmikinagar, where he met his friend Fiaz, both were
proceeding near Government school Accused Nos.1 and 2
came there, took them inside te school with dagger accused
No.1 threatened and robbed Rs.2800/н, accused No.2
Amman threatened him if informed the incident to
anybody. On the basis of said complaint the respondent
registered case under Sections 25(1B)(B) of Arms Act and
Section 397 IPC.
8. During course of investigation, the petitioner was
arrested on 23.8.2023 and produced before the learned
Magistrate and remanded him to judicial custody.

The
report of investigation officer disclose that accued No.1 was
arrested on 22.8.2023, he has given voluntary statement,
on the basis of voluntary statement the dagger used for
commission of offence was discovered. The allegations in
the complaint against the petitioner is that he was with
5
Crl.Misc.No.8456/2023
accused No.1, after committing robbery by accused No.1.
he has threatened the complainant.
9. The alleged offence committed by the petitioner requires
to be decided during trial. The amount was robbed by
using dagger by accused No.1. the report does not disclose
any criminal background of petitioner. The petitioner is in
custody from 22.8.2023. the offence alleged though triable
by Sessions Court but not imprisonment to life or death.
The petitioner undertake to appear before the Court. The
continuation of custody petitioner may not be required.
Considering the guidelines of HonТble Apex Court in
Satender Kumar Antil Vs CBI 2022 SCC OnLine SC 825
and facts and circumstances of the case, nature and
gravity of the offence and accusation levelled against the
petitioners,
they
are
entitled
for
anticipatory
bail.

Accordingly answer point in the affirmative. Accordingly
answer point No.1 in Affirmative.

10. POINT No.2:н In view of findings given on point
No.1, this Court pass the following order:н
6
Crl.Misc.No.8456/2023
ORDER
The petition filed by the petitioner/accused
Amaan @ Gulfam under Section 439 Cr.P.C is
allowed.
The petitioner/accused is ordered to be
released
on
bail
in
Cr.No.157/2023
registered by the respondent police for the
offences punishable under Sections 25(1B)(b)
of Arms Act and Section 397 IPC pending on
the file of XXIV ACMM, Bengaluru, on
executing personal bond for a sum of
Rs.50,000/н with one surety for likesum to
the satisfaction of Learned Magistrate,
subject to following conditions.
1. The petitioner shall not threaten or
tamper with prosecution witnesses in any
manner.
2. The petitioner shall regularly appear
before concerned court without absconding.
3. The petitioner shall mark his
attendance before the SHO of Respondent
police between 10 a.m. to 5 p.m. preferably
on Sundays once in 15 days till filing of
charge sheet.
4. The petitioner shall coнoperate with the
investigating agency in proper investigation
of the case.
5. The Petitioner shall not commit similar
offences.

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Crl.Misc.No.8456/2023
If any of the conditions are violated the
prosecution is at liberty to move for
cancellation of bail.
(Dictated to the Judgment writer, transcribed by her, corrected
by me and then pronounced in the open Court on this the 7 th day of
September, 2023).

(S. NATARAJ),
LXVI Addl. CC & SJ, Bangalore.

8
7.9.2023:
For ordersн
Crl.Misc.No.8456/2023
The Order is pronounced in
the open Court (vide separate
Order).
ORDER
The petition filed by the
petitioner/accused
Amaan
@
Gulfam under Section 439 Cr.P.C
is allowed.
The petitioner/accused is
ordered to be released on bail in
Cr.No.157/2023
registered by
the respondent police for the
offences
punishable
under
Sections 25(1B)(b) of Arms Act
and Section 397 IPC pending on
the
file
of
XXIV
ACMM,
Bengaluru, on executing personal
bond for a sum of Rs.50,000/н
with one surety for likesum to
the
satisfaction
of
Learned
Magistrate, subject to following
conditions.
1. The petitioner shall not
threaten
or
tamper
with
prosecution witnesses in any
manner.
2. The petitioner shall regularly
appear before concerned court
without absconding.

9
Crl.Misc.No.8456/2023
3. The petitioner shall mark his
attendance before the SHO of
Respondent police between 10
a.m. to 5 p.m. preferably on
Sundays once in 15 days till
filing of charge sheet.
4. The petitioner shall coнoperate
with the investigating agency in
proper investigation of the case.
5. The Petitioner shall
commit similar offences.

not
If any of the conditions are
violated the prosecution is at
liberty to move for cancellation of
bail.
LXVI Addl. CC & SJ,
Bangalore.