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Crl.Misc.No.3133/2024
KABC010088532024
IN THE COURT OF LV ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU (CCC-56)
: Present :
Sri. SHRIRAM NARAYAN HEGDE,
B.A., LL.M.,
LV Addl. City Civil and Sessions Judge,
Bengaluru.
DATED: THIS THE 18TH DAY OF APRIL 2024
CRL.MISC. NO.3133/ 2024
PETITONER/S:
1. MUHIDDIN O.P.
S/O LATE MOHAMMED
AGED ABOUT 72 YEARS,
RESIDING AT NO.12, 21ST MAIN,
OPPOSITE BDA COMPLEX,
BANASHANKARI 2ND STAGE,
BENGALURU – 560 070.
2. ABUBAKKAR SIDDIQUE
S/O ABBAS
AGED ZABOUT 65 YEARS,
NEAR KADIRENAHALLI PARK,
BANASHANKARI 2ND STAGE,
BENGALURU – 560 070.
(By Sri.Shakeer Abbas M.. Adv..)
VERSUS
RESPONDENT
THE KARNATAKA STATE POLLUTION
CONTROL BOAD, REPRESNETED BY ITS
REGIONAL OFFICER,
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Crl.Misc.No.3133/2024
BENGALURU CITY (SOUTH),
THIMMAIAH ROAD,
7TH ‘D’ CROSS,
SHIVANAGARA, BENGALURU – 560 079.
(By the Regional Officer)
ORDER
The petitioners / accused
No.2 & 3 have filed this
petition under Section 438 of Cr.P.C. seeking for an order of
anticipatory bail.
2.

The regional officer, The Karnataka State
Pollution
Control Board, has filed private complaint before the IIIACMM, Bengaluru against the accused persons for the
offences punishable u/S.15 of Environmental (Protection)
Act, 1986 r/w Noise Rules,.
3.

The case of the complainant in brief is that, the
complainant is a statutory Body constituted under the Act
and empowered to perform the functions assigned to it
under the Act. The complainant is a public servant, within
the meaning of S.21 of IPC. The accused No.1 is a religious
mosque situated at the address mentioned in the cause
title.

Sri.Naveen
Shetty
had
given
complaint
to
the
complainant Board about noise pollution being caused by
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Crl.Misc.No.3133/2024
mosque while doing prayer, which is known as ‘Azam’.
Based on the complaint of Naveen Shetty, the complainant
visited the spot and measured the noise level and found
that the accused have violated the Act and Rules. Hence,
the complainant filed the aforesaid complaint.

The III-
ACMM, Bengaluru took cognizance of the offence and
issued summons to the accused.

4.

Now, these petitioners / accused No.2 & 3 are
contending that they are innocent persons and they have
not committed any offence. They are not responsible for
this act. There is no materials to show that this accused
No.1 is the in-charge or the mosque.
ready to face the investigation.

The petitioners are
They have come from
respectable family and having deep roots in the society.
They are ready to abide by the conditions that may be
imposed by this court. Hence, prayed to allow the petition.

5.

The Pollution Control Board submitted a detailed
objections by reiterating the averments of the complaint
and further contended that it is a continuous offence and if
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Crl.Misc.No.3133/2024
the bail is granted the accused will continue the same. They
may tamper with prosecution witnesses and they may
hamper the investigation. They may abscond. Hence,
prayed to reject the bail application.
6.

Heard arguments and perused the records.

7.

Now the point for determination is as follows.
“Whether the petitioners / accused No.2 & 3 have
made out sufficient grounds to grant an order of
anticipatory bail by resorting to special powers vested
in this Court under Section 438 of Cr.P.C.?”
8.

On the basis of the materials available on record
finding to the above point is in the AFFIRMATIVE for the
following.
REASONS
9.

I have gone through the entire materials available on
record. Even though the alleged offences are non-bailable,
they are not punishable with death. It is not in dispute that
this petitioners is the permanent residents of the address
mentioned
in
antecedents.

the
cause
title.

There
is
no
criminal
The petitioners are ready to abide by the
conditions that may be imposed by this court. Such being
the case, stringent conditions will meet the apprehension
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Crl.Misc.No.3133/2024
of the prosecution. Hence, the aforesaid point is answered
in the AFFIRMATIVE and proceed to pass the following.
ORDER
Bail petition filed by the petitioners / accused No.2 &
3 under Section 438 of Cr.P.C. is hereby ALLOWED on the
following conditions.
1.

The petitioners / accused No.2 & 3 shall appear before
the Magistrate, within 10 days from the date of this
order and shall execute personal bond in a sum of
Rs.50,000/- each with one surety.

2.

They shall not tamper with prosecution witnesses in
any manner.

3.

They shall not involve in any criminal activities.

4.

They shall not repeat the same offences.

5.

They shall attend the court, regularly, on all the dates
of hearing without fail.

(Dictated to the SG-I, transcribed by him and then corrected
by me and then pronounced in the open court on this the
18th day of APRIL 2024)
(SHRIRAM NARAYAN HEGDE),
LV Addl. City Civil & Sessions Judge,
Bengaluru. (CCH-56)
SHRIRAM
NARAYAN
HEGDE
Digitally signed
by SHRIRAM
NARAYAN
HEGDE
Date: 2024.04.18
16:28:58 +0530