Allowed

Manoj Kumar R v. State of Karnataka

Karnataka HC25 Jun 2024CRL.P/2632/2024

Case brief

AI extract

What is this about?

Petitioner apprehended arrest over a neighbour's complaint (NCR No.60/2024) alleging abusive language; no FIR was registered and police did not contend he was needed for investigation. The court held the apprehension well founded and granted anticipatory bail with conditions including bond with two sureties.

What did the court decide?

Anticipatory bail granted; to be enlarged on arrest in NCR No.60/2024 on Rs.2,00,000 bond with two sureties, subject to conditions

Manoj Kumar R Vs State of Karnataka — Anticipatory Bail | Karnataka HC (2024)

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1 - NC: 2024:KHC:23111 CRL.P No. 2632 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 2632 OF 2024

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BETWEEN:

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MANOJ KUMAR R., S/O S. RAMESH BABU, AGED ABOUT 28 YEARS, PRESENTLY R/AT NO.26, 3^RD CROSS, IST BLOCK, NEW A.K. COLONY, DODDABANASWADI, BENGALURU-560 043

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…PETITIONER

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(BY SRI. NEHRU P., ADVOCATE)

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AND:

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Digitally signed by V KRISHNA Location: High Court of Karnataka

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STATE OF KARNATAKA REP. BY THE STATION HOUSE OFFICER, HENNUR POLICE STATION, BENGALURU, REPRESENTED BY SPP, HIGH COURT COMPLEX, BENGALURU-560 001

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…RESPONDENT (BY SRI. RAHUL RAI K., HCGP) THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO GRANT HIM ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT POLICE TO RELEASE HIM ON BAIL IN THE EVENT

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NC: 2024:KHC:23111 CRL.P No. 2632 of 2024

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OF HIS ARREST BY THE RESPONDENT POLICE ON ANY COMPLAINT REGISTERED AGAINST HIM WHICH WAS REJECTED IN CRL.MISC.NO.25174/2024 IN LVII ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU, BY IMPOSING SUCH TERMS AND CONDITIONS THAT THIS HONBLE COURT DEEMS FIT.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking grant of anticipatory bail under Section 438 of Code of Criminal Procedure, 1973 to release him on bail in the event of his arrest in NCR No.60/2024, by Hennur Police Station on any complaint registered against him, which was rejected in Crl.Misc No.25174/2024 by the LVII Additional City Civil and & Sessions Judge, Bengaluru.

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Heard Sri.Nehru P., learned counsel for the petitioner and Sri.Rahul Rai K., learned High Court Government Pleader for the respondent-State. Perused the materials on record.

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3 - NC: 2024:KHC:23111 CRL.P No. 2632 of 2024

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In view of the rival contentions urged by the

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learned counsel for both the parties, the point that would arise for my consideration is:

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“Whether the petitioner is entitled for grant of bail under Section 438 of Cr.P.C.?”

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My answer to the above point is in ‘Affirmative’ for the following:

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R E A S O N S

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The petitioner is seeking grant of anticipatory bail on the apprehension of being arrested. It is stated that no FIR is registered by the respondent police till date for commission of any of the offences. However, the petitioner is receiving phone calls from the numbers mentioned in this petition stated to be from one Iliyas, from the respondent police.

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Learned High Court Government Pleader

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submits that the informant being the neighbour of the petitioner, lodged first information as the petitioner and

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4 - NC: 2024:KHC:23111 CRL.P No. 2632 of 2024

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other accused are abusing him in filthy language and therefore, requested to admonish them by summoning to the police station. The NCR No.60/2024 of Hennur Police Station was registered and in that connection, the petitioner must have been contacted by the officials in the police station. However, it is not the contention of the learned High Court Government Pleader that the petitioner is required for any investigation or an FIR came to be registered against him. The apprehension expressed by the petitioner is well founded. Considering all these facts and circumstances, I am of the opinion that the petitioner may be granted anticipatory bail subject to conditions, which will take care of the apprehensions expressed by the learned High Court Government Pleader that the petitioner may abscond or may tamper or threaten the prosecution witnesses.

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Accordingly, I answer the above point in the affirmative and proceed to pass the following:

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5 - NC: 2024:KHC:23111 CRL.P No. 2632 of 2024

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ORDER

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The petition is allowed.

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The petitioner is ordered to be enlarged on bail in the event of his arrest in relation to NCR No.60/2024, by the Hennur Police Station.

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The petitioner is directed to appear before the Investigating Officer within 15 days from the date of receipt of this order and on his appearance, the Investigating Officer shall enlarge him/her on bail subject to the following conditions:-

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a. The petitioner shall furnish the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer;

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b. The petitioner shall not commit similar offences;

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c. The petitioner shall appear before the Investigating Officer or the court as and when required; and

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6 - NC: 2024:KHC:23111 CRL.P No. 2632 of 2024

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d. The petitioner shall not threaten or tamper the prosecution witnesses.

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On furnishing the sureties by the petitioner, the Investigating Officer is at liberty to verify the correctness of the address and authenticity of the documents furnished by him. On satisfaction of the said documents, he may proceed to accept the sureties within a reasonable time.

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Sd/JUDGE

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SS List No.: 1 Sl No.: 4

Manoj Kumar R v. State of Karnataka

Case brief

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What did the court decide?

Manoj Kumar R v. State of Karnataka

Case brief

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What did the court decide?

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