The Court of the LXV Additional City Civil & Sessions Judge, Bengaluru City (CCH-66), presided over by Sri Hemanth Kumar C.R., B.A.L., L.L.B., allowed the anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) in Criminal Miscellaneous Petition No. 2895/2024 on March 28, 2024. The judicial order extended pre-arrest bail protection to 24-year-old Shekar @ Atti Shekar (Accused No. 1) in connection with Crime No. 290/2017 (C.C. No. 5283/2018) registered by the Rajagopalanagara Police Station, Bengaluru.

The petitioner faced apprehension of arrest pursuant to Non-Bailable Warrants (NBW) and proclamation proceedings issued by the trial court, concerning alleged offences punishable under Sections 399 (making preparation to commit dacoity) and 402 (assembling for purpose of committing dacoity) of the Indian Penal Code (IPC), pending on the file of the jurisdictional magistrate.

Factual Matrix and Procedural Background

The criminal proceedings originated from patrolling duties conducted on March 8, 2017, within the limits of the Rajagopalanagar Police Station:

• Police Raid: At approximately 5:10 AM, the complainant and patrolling staff received credible information that a group of 7 to 8 individuals equipped with deadly weapons had unlawfully assembled at a vacant plot behind Kiran High School, 4th Cross, Doddanna Industrial Area, making preparations to commit dacoity.
• Apprehension and Seizure: The police team conducted a raid, apprehended some of the suspects at the spot, drew up a mahazar, and seized various weapons, while others managed to flee.
• FIR and Charge Sheet: Crime No. 290/2017 was registered under Sections 399 and 402 IPC. Following completion of the investigation, the police filed a charge sheet (with split-up proceedings registered as C.C. No. 5283/2018).
• Issuance of Warrants: The petitioner had initially been enlarged on bail during the crime stage. However, due to an accident, subsequent Ayurvedic medical treatment, and disruptions during the COVID-19 pandemic lockdowns, he failed to appear before the trial court on hearing dates, prompting the issuance of NBWs and proclamation orders.

Details of the Petitioner

• Name: Shekar @ Atti Shekar (Petitioner / Accused No. 1)
• Father’s Name: Late Mani
• Age: About 24 years
• Residential Address: No. 80, Near Petrol Bunk, Kereguddadahalli, Chikkabanavara Post, Bengaluru – 560090
• Legal Representation: Sri SRD, Advocate

Submissions Advanced by the Parties

On Behalf of the Petitioner

1. Innocence and Prior Bail: The defense submitted that the petitioner was innocent, had been falsely implicated, and had originally secured bail during the initial investigation stage.
2. Unintentional Default: Counsel explained that the petitioner’s absence from trial proceedings was neither intentional nor willful, but resulted from a vehicular accident requiring Ayurvedic treatment and bed rest, coinciding with the COVID-19 pandemic restrictions.
3. Completion of Investigation: The defense emphasized that the police investigation had long concluded, the charge sheet was filed, and a split-up case had been registered; hence, custodial interrogation was entirely unwarranted.
4. Local Roots: The petitioner is a permanent resident of Bengaluru, supports his family as the sole breadwinner, and is willing to furnish solvent sureties and comply with stringent conditions.

On Behalf of the Respondent (State)

1. Gravity of Offence: The Public Prosecutor opposed the application, contending that offences under Sections 399 and 402 IPC—involving preparation for dacoity with deadly weapons—are grievous in nature.
2. Risk of Evasion: The state argued that because the petitioner had remained absent and forced the issuance of coercive warrants, releasing him on pre-arrest bail might lead to further trial delays, witness tampering, or abscondance.

Judicial Findings and Detailed Legal Reasoning

Upon evaluating the case records, police reports, and rival submissions, Judge Hemanth Kumar C.R. addressed the core considerations for granting pre-arrest protection:

1. Investigation Completion: The court observed that the police investigation was complete and the charge sheet had already been filed, meaning custodial interrogation of the petitioner was unnecessary.
2. Explanation for Non-Appearance: Acknowledging the petitioner’s submission regarding medical treatment following an accident and pandemic-era disruptions, the court noted that the apprehension of arrest under coercive warrants could be addressed by securing his regular attendance for trial.
3. Balancing Individual Liberty: The court concluded that imposing strict conditions would adequately safeguard the prosecution’s interests while upholding the principles of justice, allowing the petitioner an opportunity to regularize his appearance before the trial court.

Final Pre-Arrest Bail Order and Conditions Imposed

Answering Point No. 1 in the affirmative, the Sessions Court allowed the petition filed under Section 438 Cr.P.C. and directed that:

In the event of his arrest in Crime No. 290/2017 (C.C. No. 5283/2018) of Rajagopalanagara Police Station, the petitioner (Shekar @ Atti Shekar / Accused No. 1) shall be released on bail upon executing a personal bond of ₹1,00,000/- with one surety for the likesum, subject to the following conditions:

1. Court Attendance & Cooperation: The petitioner shall appear before the court on all dates of hearing and cooperate with judicial proceedings.
2. Investigative Assistance: He shall appear before the Investigating Officer whenever called upon for the purpose of investigation.
3. No Tampering: He shall not tamper with evidence or threaten, induce, or allure prosecution witnesses in any manner whatsoever.
4. Non-Recidivism: He shall not involve himself in any criminal activity.
5. Address Proof: He shall produce valid documentation verifying his permanent address.

Note: Violation of any of the aforementioned conditions shall entitle the prosecution or court to initiate steps for cancellation of bail.