A City Civil and Sessions Court in Bengaluru has granted anticipatory bail to 37-year-old Manjula N, who was named as Accused No. 2 in a house burglary case dating back to October 2019. The order, passed by Judge Kashim Churikhan on July 6, 2022, provides relief to the petitioner who apprehended arrest following the filing of a charge sheet by the Chandra Layout Police.
The case involves a daylight burglary at a residence on Ganesh Temple Road in Nayandahalli, where ornaments valued at approximately Rs. 3,00,000 were stolen. While the primary allegations of theft were directed at Accused No. 1, Manjula N found herself implicated under serious sections of the Indian Penal Code related to the receipt of stolen property.
The 2019 Nayandahalli Burglary: A Quick Recap
The legal proceedings originated from a report lodged by a local resident who lived on the third floor of a house in Nayandahalli. On October 22, 2019, the informant and his wife were busy selling snacks in front of their residence—a common sight in many Bengaluru neighborhoods.
Returning to their home at around 1:30 PM, the informant discovered the front door wide open. Upon entering, they found that burglars had decamped with gold jewelry worth lakhs. The Chandra Layout Police subsequently registered Crime No. 206/2019, invoking Sections 380 (Theft in dwelling house), 411 (Dishonestly receiving stolen property), and 413 (Habitually dealing in stolen property) of the IPC.
Defense Highlights Lack of Direct Evidence
Represented by advocate D.J.A., Manjula N moved the sessions court under Section 438 of the Cr.P.C. seeking protection from arrest. The defense emphasized several key points to support the bail plea:
- Identity Issues: The original police report did not mention the petitioner’s name or any identifying features of the culprits.
- Role of Petitioner: The prosecution’s case suggested that Accused No. 1 handed stolen articles to his sister (the petitioner). The defense argued that the petitioner was a woman from a respectable family with no prior criminal record and had been falsely implicated.
- Parity with Co-Accused: The court was informed that Accused No. 3 had already been granted bail, making a strong case for Manjula N to receive similar relief under the principle of parity.
- Completed Investigation: Since the Investigating Officer (IO) had already filed the charge sheet (C.C.No.4588/2020), the defense argued that custodial interrogation was no longer necessary.
Prosecution Raises Concerns Over Trial Interference
The Public Prosecutor strongly opposed the petition, contending that there was prima facie evidence linking the petitioner to the crime. The state argued that Manjula N had been absconding since the commission of the offence and expressed fears that granting bail would allow her to threaten witnesses or destroy evidence.
Court’s Reasoning: Justice Over Custody
In his findings, Judge Kashim Churikhan noted that the core facts of the burglary—including how the thief entered the house while the owners were right outside—needed to be established during a full-fledged trial.
The court observed that the primary purpose of bail is to ensure the presence of the accused during the trial. “The petitioner is a woman and her involvement in receiving the stolen articles knowing it to be the stolen articles are all to be proved in full-fledged trial,” the judge remarked.
Key factors that tilted the scales in favor of the petitioner included:
- Magistrate-Triable Offences: The offences alleged are not punishable by death or life imprisonment.
- No Need for Interrogation: With the charge sheet already submitted, there was no requirement for the police to keep the petitioner in custody for questioning.
- The Woman Factor: The court took into account her gender and deep roots in society.
Terms of the Release
The court allowed the bail petition subject to a self-bond of Rs. 50,000 and one surety for the same amount. Manjula N has been directed to appear before the trial court within 15 days of the order and is strictly prohibited from tampering with evidence or indulging in any further criminal activities.