KABC010158962022
IN THE COURT OF THE LX ADDL. CITY CIVIL & SESSIONS
JUDGE, BENGALURU (CCH 61)
:Present :
Sri Narashimsa.M.V., B.Com., LL.B.,
LX Addl. City Civil & Sessions Judge,
Bengaluru.
Dated: This the 20th day of June 2022
: Crl.Misc.No. 5919/2022:
PETITIONER:-
Syed Jafar
S/o Ali Murad
Aged about 23 years
R/at No.66, Near Bilal Masjid
4th Main, K M Colony, Siddapura
Bengaluru-560 011.
(By Sri. A.G.Baseer Ahmed Khan, Adv)
V/s
RESPONDENT :
State of Karnataka
By: Siddapura Police Station.
(Rep. by: Public Prosecutor)
ORDER
Accused No.5 in Siddapura Police Station Crime No.
280/2017 has filed this bail application under Sec. 438 of Cr.P.C.

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Accused No.5 is alleged to have committed offence punishable
under Sec. 399 and 402 of IPC.
2. Brief facts of the case as forthcoming from the first
information is that :
First informant is ASI of Siddapura Police Station. It is stated
by him that on 26.12.2011 at 3.30 hours he received credible
information that 6
to 7 people had assembled near Siddapura
Kalyani and were making preparations
to commit dacoity, he
informed his staff, issued notice to panchas, all of them went near
Kalyani, HC 8699 was sent to ascertain the intention of accused
persons, HC 8699 learnt that accused were discussing amongst
themselves, the manner in which dacoity should be conducted. On
receiving signal from HC 8699, first informant and his staff encircled
the accused persons, out of 7 people 4 people could be caught,
they revealed the names of escaped
three perosns. First
information was registered at 5.30 a.m.
3. Accused No.5 has urged the following grounds :
Accused No.5 is innocent, offence alleged is not punishable
with life or death imprisonment, he has been falsely implicated, he
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was not at all present at the alleged spot, there is no possibility of
committing any offence as the spot is located in a busy locality,
Respondent
police
are
visiting
his
house
often,
there
is
apprehension of he being arrested, false case has been filed against
him for statistics purpose, accused is permanent resident of
Bengaluru, he is the sole bread earner of the family, will abide by all
the conditions that may be imposed by this Court, will furnish surety.
4. Learned Advocate for petitioner filed memo with certified
copy of the order
sheet in Crime No. 02/2020 and Crime No.

69/2020 pending on the file of 2nd ACMM, Bengaluru.
5. Learned PP has filed objections along with memo of
instructions given by I.O. It is stated that there are no grounds to
grant anticipatory bail to the accused, investigation is in progress, if
accused is granted bail, he will abscond from the jurisdiction of this
Court, threaten the witness and destruct the evidence collected
against him.
6. Heard the learned Advocate for petitioner and the learned
Public Prosecutor.
7. The point that arise for consideration is :
Crl.Misc.No.5919/2022
4
(1) Whether Anticipatory bail application filed by
accused in Siddapura P.S. Crime No. 280/2017
deserves to be allowed ?

8. My finding to the above point is in the Affirmative, for the
following :REASONS
9.

Point No.1: Frist information has been registered on
26.12.2017.

Order sheet in Crime No. 280/2017 discloses that
accused No.2 to 4 were arrested and produced before the
Magistrate. After completion of investigation, charge sheet has been
filed on 3.4.2019 against accused No.1 to 6, accused No.1, 5 and 6
are shown to be absconding. NBW was issued against accused
No.1, 5 and 6. Order sheet further discloses that accused No.6 was
arrested and produced before the Magistrate on 17.5.2022.
10. Learned counsel for petitioner contended that against
accused No.5 herein, Siddapura Police have filed other two cases
for similar offences, in those cases, accused No.5/petitioner herein
was appearing before the learned Magistrate. Thus, the allegation
that accused was absconding is untenable. Perusal of the order
sheet
in
Crime
No.

2/2017
and
69/2020
discloses
that
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Crl.Misc.No.5919/2022
accused/petitioner is appearing in those cases. If at all there was a
need to arrest petitioner herein in respect of Crime No. 280/2017
respondent police could have arrested him earlier itself.
11. Thus, the theory of abscondance does not hold water.
However, further proceedings have not taken place in Crime No.
280/2017. In order to see that there is progress in the said case as
well and offence alleged against petitioner being not punishable with
death or life imprisonment, I answer the above point in the
Affirmative and proceed to pass the following :ORDER
Anticipatory Bail application filed by accused in
Siddapura P.S. Crime No. 280/2017 is hereby allowed.
Accused shall be released on bail in the event of his
arrest subject to the following :
CONDITIONS
1. Accused shall execute personal bond for Rs
50,000/- with a surety for likesum.
2. Accused shall appear before the learned
Magistrate on next date of hearing.

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3. Accused shall not tamper with the prosecution
witness and shall appear before the Court on all dates
of hearing.
(Dictated to the Stenographer, transcribed and typed by him, after corrections,
pronounced by me in the Open Court on this the 20 th day of June, 2022)
(NARASHIMSA.M.V.)
LX Addl. City Civil & Sessions Judge,
Bengaluru
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