ORDER

1. The petitioner is before this Court calling in question an order dated 10.01.2024 passed in C.C.No.23541/2019 by the learned Magistrate issuing a Non-bailable Warrant (NBW) against the petitioner/accused No.3 in the aforesaid C.C.No.23541/2019.

2. Heard Sri. Gautham Shreedhar Bharadwaj, learned counsel for the petitioner, Smt. Yashodha K. P., learned HCGP for respondent No.1, Sri. Atmaram N. S. Nadakarni, learned Senior counsel along with Sri. Sunil Kumar Patel and Sri. R. Chandrachud, learned counsel for Sri. S. K. Venkata Reddy, learned counsel appearing on behalf of respondent No.2.

3. Sans details, facts in brief, are as follows:-

The petitioner is accused in three crimes. The present case concerns Crime No.137/2019 in which the petitioner is accused No.3. The crime was registered on 23.07.2019 for the offence punishable under Sections 120B, 420, 423, 465, 468, 471, 506 and 149 of IPC. The petitioner then was in judicial custody during the tenure when the police conducted investigation and filed charge sheet before the concerned Court in Crime No.137/2019 in C.C.No.23541/2019, which is pending before the concerned Court. The petitioner was also an accused in Crime No.257/2018 in which the Apex Court enlarged him on bail in terms of an order dated 18.01.2021. By then certain proceedings had happened before the concerned Court in Crime No.137/2019.

4. On 29.07.2019, production warrant was issued by the learned Magistrate to produce the petitioner before the Court on 02.08.2019. As he was in judicial custody in Crime No.257/2018 and as the Apex Court had not yet considered enlarging him on bail as on the said date, body warrant was executed and the petitioner was produced before the learned Magistrate on 02.08.2019. Learned Magistrate on the said date, remanded the petitioner to police custody till 14.08.2019. On 14.08.2019, the learned Magistrate later remands the petitioner to judicial custody and judicial custody was extended from time to time.

5. Charge sheet was filed against the petitioner and five others on 03.10.2019 and an additional charge sheet was filed on 12.01.2021. The petitioner then files an application seeking enlargement on bail under Section 437 of Cr.P.C before the concerned Court and pleads that it should be kept in abeyance and therefore, there was no order granting bail in favour of the petitioner on his own volition in Crime No.137/2019. He then approaches this Court in Crl.P.No.7767/2021 seeking grant of anticipatory bail in Crime No.137/2019. This Court by the following order dismisses the petition reserving liberty to the petitioner in the event, he would not succeed in the Criminal Petition, to approach the Court for grant of anticipatory bail. The order reads as follows:-

"ORDER This petition is filed by the petitioner-

accused No.3 under Section 438 of Cr.P.C., for granting anticipatory bail in Crime No.137/2019 of Cubbon Park Police Station for the offences punishable under Sections 120B, 420, 149, 465, 468, 471, 506 of Indian Penal Code, 1860 (for short 'IPC').

2. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.

3. At this stage learned HCGP and the counsel for the defacto complainant submits that this court has already stayed the further proceedings and the investigation in W.P.No.3201/2021 on 20.9.2021. The copy of the said order of status is also furnished before this court which also reveals that this court already stayed the F.I.R and further proceedings in CC.No.23541/2019 pending on the file of VIII ACMM, Bangalore.

Since this court already stayed further proceedings, the question of taking further investigation and apprehending arrest in the hands of the police does not arise. Therefore petition becomes infructuous and liable to be dismissed.

Accordingly this petition is dismissed.

However liberty is granted to the petitioner, if the petitioner is not able to succeed in the W.P.No.3201/2021 read with Section 482