KABC010084332024 Presented on : 26-03-2024 Registered on : 26-03-2024 Decided on : 04-04-2024 Duration : 0 years, 0 months, 8 days IN THE COURT OF THE LXIV ADDL.CITY CIVIL & SESSIONS JUDGE (CCH-65) AT BENGALURU Dated this 4th day of April 2024 -: P R E S E N T :- Smt. Kalpana M.S., B.Sc., LL.M.,PGD-CLCF., LXIV ADDL.CITY CIVIL & SESSIONS JUDGE, CCH-65, BENGALURU CITY. Crl.Misc.No.2 976 /2024 PETITIONER : Safeer, S/o. Tanveer Pasha, Aged about 24 years, R/at No.106, Masidi Road, Anjanapura, Harinagara, Konanakunte, Bengaluru. (Accused No.1) ( By Sri. Ravichandra N., Advocate) 2 Crl.Misc.No.2976/2024 -Vs – RESPONDENT : State of Karnataka by Kumaraswamy Layout Police Station, Bengaluru. (Rep. By Learned Public Prosecutor) ORDERS ON BAIL APPLICATION UUNDER SECTION 438 OF CR.P.C. Petitioner/accused No.1 has filed this petition U/s.438 of Code Criminal Procedure (hereinafter referred as Cr.P.C.,) seeking anticipatory bail in S.C. No.346/2020 arising out of Cr.No.249/2019 of Kumarswamy Layout Police Station, Bengaluru for the offences punishable under Sections 399 and 402 of Indian Penal Code (hereinafter referred as I.P.C.) pending on the file of this court.

2. Learned Public Prosecutor appearing for the

State has filed statement of objections along with report of the Investigating Officer opposing the bail petition. 3 Crl.Misc.No.2976/2024

3. For the purpose of brevity, the facts mentioned

in the petition and objections statement will be stated at the appropriate stage of orders.

4. Heard arguments. Perused the materials on

record.

5. The points do arise for my consideration are;

1. Whether petitioner/accused No.1 is

entitled for grant of regular bail under Section 438 of Cr.P.C.,?

2. What Order?,

6. For the reasons stated hereinafter, my findings

to the above points are as under; Point No.1: In the Affirmative. Point No.2: As per final order, for the following:- 4 Crl.Misc.No.2976/2024 R E A S O N S

7. POINT No.1:- Along with petition, certified

copies of F.I.R. in Cr.No.37/2022, charge sheet, order sheet in S.C.No.346/2020 are filed. Perused the same.

8. The facts set out in the charge sheet, in brief,

is as under; That on 10.09.2019 at about 7.15 p.m. police inspector of Kumaraswamy Layout police station, Bengaluru got credible information of assembly of five persons armed with deadly weapons near Abdul Kalam Park, 11th Main, ISRO Layout, K.S. Layout, Bengaluru city within the jurisdiction of Kumaraswamy Layout police station. Summoning two witnesses as panchas and along with staff, complainant conducted raid, arrested five persons, seized weapons from their possession. After due enquiry, he produced them along with mahazar and seized 5 Crl.Misc.No.2976/2024 weapons before the Station House Officer. On the basis of the report submitted by police inspector, Kumaraswamy Layout police station, this case came to be registered against the accused persons and proceeded with investigation. After completion of investigation, filed charge sheet against the accused persons.

9. Learned Counsel vehemently argued that, the

petitioner/accused No.1 is innocent of the alleged offences. He has not committed said offences. He has been falsely implicated in this case. He is neither directly nor indirectly involved in the said case. He has got valid and tenable defence. Earlier he has been granted bail and was regularly appearing before the court. Thereafter he remained absent due to Covid-19 pandemic and also not keeping well. He lost the contact with the counsel. The absence of the accused person is not intentional. But, for the bonafide reason stated above. It is further contented 6 Crl.Misc.No.2976/2024 that, other accused persons are already on bail. Investigation is completed, charge sheet is filed. Case is committed to the court of Sessions. The petitioner has permanent place of abode at Bengaluru. He is ready to abide by the terms and conditions that may be imposed by this court. Learned counsel submits that, the petitioner has made out prima facie case for grant of regular bail.

10. At the out set, the said offences are neither

punishable with death penalty nor imprisonment for life. The commission of offences by petitioner is required to be established during trial. The Hon'ble Supreme Court of India in the decision of State of Rajasthan, Jaipur V/s. Balachandh @ Baliay (AIR 1977 SC 2447) and in catena of decisions pleased to laid down the legal doctrine that "Bail is a rule and jail is an exception". This legal doctrine is laid down for safeguarding fundamental right under Article 21 7 Crl.Misc.No.2976/2024 of Constitution of India, granting the right to life and liberty.

11. It is forthcoming from the records that, the

place of incident is thickly populated area and situated 2kms away from police station. In that case, whether the accused persons sitting in auto with deadly weapons and preparing to commit crime, is a question of trial. Investigation is completed and charge sheet is filed. Case is committed to the court of Session. Pre-trial detention is bad in law. He was on bail in the crime stage. But due to SOP, he had lost the contact of his counsel and remained absent. The benefit of earlier bail is extendable throughout trial. It is submitted that, he has permanent place of abode at Bengaluru. There is no report of criminal antecedents. The apprehension of the prosecution could be met by imposing stringent conditions to secure the accused person during trial. Though he is a proclaimed 8 Crl.Misc.No.2976/2024 offender, however, having regard to the nature of the offences, it is proper to enlarge the accused on bail by imposing stringent conditions for his appearance before the court. Under these facts and circumstances and having regard to the nature of offences alleged and punishment prescribed and in view of the law laid down by Hon'ble Supreme Court of India in the case of Satender Kumar Antil V/s.Central Bureau of Investigation in Miscellaneous Application No.1849/2021 dated 11.07.2022, I am of the opinion that, it is proper to enlarge the petitioner on bail by imposing appropriate terms and conditions, in the interest of investigation and trial. Accordingly, point No.1 is answered in the Affirmative.

12. POINT NO.2: In view of the aforesaid

discussion, this court proceed to pass the following : 9 Crl.Misc.No.2976/2024 O R D E R Bail petition U/s.438 of Cr.P.C., filed by the petitioner/accused No.1 is allowed. Petitioner/accused No.1 is ordered to be enlarged on bail in S.C.No.346/2020 arising out of Cr.No,249/2019 of Kumaraswamy Layout Police Station, Bengaluru for the offence punishable U/s.399 and 402 of I.P.C pending on the file of this court on executing personal bond of Rs.1,00,000/- (One lakh) with two sureties for like sum on following conditions:-

1. He shall furnish documents regarding

his address proof, the address proof of his sureties and copies of their Aadhar cards at the time of furnishing sureties.

2. He shall not leave India without prior permission of the trial court.

3. He shall appear before the trial court on all dates of hearing, without fail. 10 Crl.Misc.No.2976/2024

4. He shall not tamper with the

prosecution evidence or influence the prosecution witnesses directly or indirectly in any manner.

5. In the event any change in the

residential address, petitioner and his sureties shall intimate the same to the trial court immediately without fail. Violation of any of these conditions would entitle cancellation of bail. (Dictated to the Stenographer Grade-I, transcribed, computerized by her, then corrected, signed and pronounced by me in open court on this 4th day of April 2024). (KALPANA M.S.) LXIV ADDL.CITY CIVIL & SESSIONS JUDGE, CCH-65, BENGALURU CITY. 11 Crl.Misc.No.2976/2024 12 Crl.Misc.No.2976/2024 08-12-2023 Ld.Public Prosecutor filed objections. Heard both sides. For orders, by 12-12-2023. LXIV ACC & SJ, B’LORE (CCH-65) 12-12-2023 PetrMVM Res-P.P. For Orders Order pronounced in the open Court, vide separate Order:- O R D E R Bail petition U/s.439 of Cr.P.C., filed by the petitioner/accused No.4 is allowed. Petitioner/accused No.4 is ordered to be enlarged on bail in Split up C.C.No.6530/2020 arising out of Cr.No.94/2017 of Banashankari Police Station, Bengaluru for the offences punishable U/s.399 and 402 of I.P.C. 13 Crl.Misc.No.2976/2024 pending on the file of III-Addl. Chief Metropolitan Magistrate, Bengaluru on executing personal bond for Rs.1,00,000/- (One lakh) with two sureties for like sum on following conditions.

1. Petitioner/accused No.4 shall

furnish documents regarding his address proof and the address proof of his sureties and copies of their Aadhar cards before this court at the time of furnishing sureties.

2. He shall not leave India without prior permission of the trial

court.

3. He shall appear before the trial

court on all dates of hearing, without fail.

4. He shall not tamper with the prosecution evidence or 14 Crl.Misc.No.2976/2024

influence the prosecution witnesses directly or indirectly in any manner.

5. He shall not involve in criminal activities.

6. In the event any change in the residential address, petitioner

and his sureties shall intimate the same to this court immediately without fail. Violation of any of the conditions entitle the Investigating Officer to move for cancellation of bail. Consequently, this criminal miscellaneous proceedings is disposed of. LXIV ADDL.CITY CIVIL & SESSIONS JUDGE, CCH-65, BENGALURU CITY. 15 Crl.Misc.No.2976/2024