The Court of the LVI Additional City Civil & Sessions Judge, Bengaluru (CCH-57), presided over by Sri T. Govindaiah, B.Com., LL.B., delivered a judicial order on April 8, 2024, allowing an anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The ruling in Criminal Miscellaneous Petition No. 3009/2024 extended pre-arrest bail protection to the petitioner, Sri Umesh (Accused No. 5), in connection with Crime No. 119/2016 (subsequently numbered as C.C. No. 25814/2016) registered by the Girinagar Police Station, Bengaluru, pending on the file of the XXIV Additional Chief Metropolitan Magistrate, Bengaluru. The petitioner faced apprehension of arrest for alleged offences punishable under Section 399 (preparation to commit dacoity) and Section 402 (assembling for purpose of committing dacoity) of the Indian Penal Code (IPC).
Factual Matrix and Prosecution Allegations
The criminal proceedings originated from a police raid conducted years prior:
- The Raid: According to the prosecution case, on May 23, 2016, at approximately 9:15 PM, acting on credible information that a group of individuals was assembled in a vacant place near Muneshwara Block, 19th Main Road, near Avalahalli Government Hospital within the Girinagar Police Station limits, armed with deadly weapons to commit dacoity, a police raiding party apprehended Accused Nos. 1 to 3 at the spot, while Accused Nos. 4 and 5 allegedly managed to escape.
- Split-Up Charge Sheet: During the investigation, the police seized weapons including knives, iron rods, and a wooden club. Because the petitioner (Accused No. 5) could not be secured initially, a split-up charge sheet was filed against him, prompting him to seek anticipatory bail upon facing apprehension of execution of a warrant.
Details of the Petitioner
- Name: Sri Umesh
- Father’s Name: Sri Basavaraju
- Age: About 33 years
- Residential Address: Hosakerehalli, 1st Stage, BSK 3rd Stage, Bengaluru
- Legal Representation: Sri P. Satish, Advocate
- Prosecution Representation: Learned Public Prosecutor, State by Girinagar Police Station
Submissions Advanced by the Parties
On Behalf of the Petitioner
- Innocence and False Implication: The defense maintained that the petitioner was entirely innocent, had not participated in the alleged incident, and was falsely implicated. No properties were recovered directly from his custody.
- Parity and Custodial Unnecessity: Counsel pointed out that Co-Accused Nos. 1 to 3 had already been granted bail, making the petitioner equally entitled to relief on the ground of parity. Furthermore, since a split-up charge sheet had already been filed, custodial interrogation was completely unnecessary.
On Behalf of the Respondent (State)
- Opposition to Pre-Arrest Bail: The learned Public Prosecutor filed formal objections, contending that the case papers prima facie disclosed the petitioner’s involvement in serious offences concerning preparation for dacoity.
- Risk of Flight: The state argued that granting bail would risk the petitioner tampering with evidence, threatening prosecution witnesses, or absconding from justice.
Judicial Findings and Legal Reasoning
Upon evaluating the records, case papers, and rival submissions, Judge T. Govindaiah recorded definitive findings on Point No. 1:
- Nature of Proceedings: The court observed that whether the petitioner was present at the scene and intended to commit robbery/dacoity are matters to be established during a full-fledged trial.
- Custodial Unnecessity: Holding that the police had already completed their primary investigation and filed a split-up charge sheet, further custodial interrogation of the petitioner was unwarranted.
- Parity and Personal Liberty: Noting that co-accused had already been enlarged on bail and that the prosecution’s apprehensions regarding abscondence or witness tampering could be effectively addressed through stringent conditions, the court ruled in favor of granting pre-arrest bail.
Final Anticipatory 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.
The court ordered that Sri Umesh (Accused No. 5) be released on bail in the event of his arrest in connection with Crime No. 119/2016 (C.C. No. 25814/2016) of Girinagar Police Station, upon executing a personal bond for ₹50,000/- with one surety for the like sum to the satisfaction of the learned XXIV Additional Chief Metropolitan Magistrate, Bengaluru, subject to the following strict conditions:
- Court Attendance: The petitioner shall appear before the court regularly.
- No Witness Tampering: The petitioner shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case, nor tamper with evidence.
- Non-Recidivism: The petitioner shall not get involved in any other criminal activities.
- Address Proof: The petitioner shall furnish his residential address proof.
- Jurisdictional Restriction: The petitioner shall not leave the jurisdiction of the court without prior permission.