K H Nandeesha vs State

Ashok G. Nijagannavar, J

This petition is filed by the accused under Section 438 CrPC seeking anticipatory bail in the event of his arrest by Banakal Police Station in Crime

No.59/2019 for the offence punishable under Sections 379 IPC, pending on the file of Additional Civil Judge & JMFC, Mudigere.

The facts briefly stated are that on the report submitted by Police Inspector, District Crime Intelligence Bureau (DCIB), Chikkamagaluru, the police

have registered the case. The allegations are that the DCIB police on receiving credible information, had gone to Kolluru village and they noticed that

the petitioner - accused had stored about 10 loads of sand near the house.

On registering the case, the police started making attempts to arrest the petitioner. Hence, the petitioner had approached the Sessions Court by

filing Criminal Misc. No.941/2019. The said petition was allowed and bail was granted to the petitioner subject to certain terms and conditions. The

petitioner was unable to comply with condition No.3 i.e., production of vehicle before the Investigating Officer. Therefore, the Investigating Officer

had approached the Court for cancellation of bail in Criminal Misc. No.584/2020. The said petition was allowed and the bail granted in favour of the

petitioner in Crl. Misc. No.941/2019 was cancelled. Being aggrieved by the said order, the petitioner had preferred Criminal Revision Petition

No.219/2021. The said petition was rejected reserving liberty to the petitioner to approach the Court of Prl. District & Sessions Judge,

Chikkamagaluru, to file fresh petition under Section 438 CrPC seeking anticipatory bail. Pursuant to the said order, the petitioner filed bail petition

before the Sessions Court in Crl. Misc. No.180/2021. But the said petition was rejected. Hence, the petitioner has approached this Court seeking

anticipatory bail.

Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent â€" State. Perused the records.

It is an admitted fact that earlier the petitioner - accused was granted anticipatory bail subject to certain terms and conditions as per the order

passed in Crl. Misc. No.941/2019. But the petitioner failed to comply with some of the conditions. As such, the bail order passed in Crl. Misc.

No.941/2019 was cancelled as per order passed in Crl. Misc. No.584/2020. The revision petition preferred by the petitioner challenging cancellation of

bail was rejected, but liberty was reserved to the petitioner to approach the Sessions Court by filing bail petition seeking anticipatory bail. The said bail

petition is also rejected by the Sessions Court on the reason that the petitioner had failed to comply with the bail condition i.e., cooperating with the

Investigating Officer for investigating and not surrendering the vehicle used for the offence. Therefore, the respondent police could not file the

chargesheet by completing the investigation.

Per contra, learned High Court Government Pleader submitted that are specific allegations of fraudulent acts committed by the petitioner and there

are no grounds to hold that the petitioner has been falsely implicated in this case.

During the course of arguments, the learned counsel for the petitioner submitted that the petitioner is ready and willing to surrender before the

Investigating Officer and also produce the vehicle used for commission of the offence and also undertakes to abide by the conditions to be imposed by

the Court.

The grounds stated in the bail petition and submission of the learned counsel for the petitioner goes to prove the apprehension of arrest and

detention of the petitioner. The offence alleged are not punishable with death or imprisonment for life. The only objection of the prosecution is that in

the event of granting bail, the petitioner is likely to abscond and interfere with the investigation and the said objection can be set right by imposing

stringent conditions.

In the facts and circumstances of the case, this Court is of the view that there are valid grounds for granting anticipatory bail to the petitioner

subject to certain terms and conditions. Hence, this Court proceeds to pass the following:

ORDER

The Criminal Petition is allowed.

The petitioner is directed to surrender before the Investigating Officer within one week from the date of receipt of certified copy of this order and also

produce the vehicle used for commission of the offence, on the same day of his appearance.

On surrender, the Investigating Officer shall interrogate and enlarge the petitioner on bail on executing personal bond in a sum of Rs.1,00,000/-

(Rupees One Lakh only) with two sureties for the like sum to the satisfaction of the Investigating Officer.

 The petitioner shall co-operate in the investigation, and he shall appear before the Investigating Officer as and when required.

The petitioner shall not threaten or allure the prosecution witnesses.

The petitioner shall mark his attendance in respondentâ€" Banakal Police Station, on 1st of every calendar month until submission of the final report.

In the event of non-compliance of the conditions, this order stands cancelled.