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CRL.P No. 12053 of 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF MARCH, 2023

BEFORE

THE HON'BLE MR JUSTICE V SRISHANANDA

CRIMINAL PETITION NO. 12053 OF 2022

BETWEEN:

WASEEM PASHA

S/O ALTHAF PASHA

AGED 40 YEARS,

R/AT NO.118, ASWATHNAGAR,

SADHIK LAYOUT, THANESANDRA,

BANGALORE-590045.

…PETITIONER

(BY SRI. YUGANDHAR T., ADVOCATE)

AND:

STATE BY BANASWADI POLICE,

BANGALORE CITY.

KALYANNAGAR, BANASWADI,

BANGALORE-560 043.

…RESPONDENT

(BY SRI. VINAYAK V S., HCGP)

THIS CRIMINAL PETITION FILED U/S.438 CR.P.C

PRAYING

TO

ENLARGE

THE

PETITIONER

ON

AN

ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST BY

THE

RESPONDENT

POLICE

IN

C.C.NO.54860/2018

PENDING ON THE FILE OF THE XI ACMM, BENGALRU FOR

THE OFFENCES P/U/S 419, 468, 420, 465, 471 R/W 120B

OF IPC AND ETC.

THIS

CRIMINAL

PETITION,

COMING

ON

FOR

ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

Digitally

signed by

JUANITA

THEJESWINI

Location:

HIGH

COURT OF

KARNATAKA

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CRL.P No. 12053 of 2022

ORDER

1. Heard Sri. Yugandhar T., learned counsel for the

petitioner and learned HCGP for the respondent.

2.

This petition is filed under Section 438 of Cr.P.C. with

the following prayer:

"WHEREFORE the petitioner prays that this

Hon'ble Court be pleased to allow this Petition by

enlarging the petitioner on an Anticipatory bain

in the event of his arrest by the respondent

Banasawadi

Police

in

C.C.No.54860/2018

(Cr.No.378/2018) pending on the file of XI

Additional

Chief

Metropolitan

Magistrate,

Mayohall, Bangalore, for offences punishable

under Section 419, 468, 465, 471 read with

Section 120B of IPC, on such terms and

conditions as may be imposed by this Hon’ble

Court, in the ends of justice.”

3.

Petitioner is accused No.1 in respect of Crime

No.378/2018 dated 23.07.2018 of Banaswadi police.

4.

The brief facts of the case are as under:

Police Officer by name Sri. Umamahesh, has lodged a

complaint with the Banaswadi Police on 23.07.2018, which

was registered in Crime No.378/2018 for the offences

punishable under Sections 419, 468, 420, 465, 471 read

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CRL.P No. 12053 of 2022

with Section 120(B) of the IPC against the petitioner and

others.

5.

Gist

of

the

complaint

averments

reveal

that

Colombian citizens have purchased the SIM cards and

Mobile Telephones from the petitioner and they have used

the same for the purpose of thieving the house and other

establishments in the night hours.

6. After registering the case, police have thoroughly

investigated the matter and filed the charge sheet. The

petitioner is shown as the absconding accused in the

charge sheet.

7. Attempt made by the petitioner to obtain an order of

grant of bail was turned down by the learned District and

Sessions

Judge

by

order

dated

15.11.2022

in

Crl.Misc.No.25891/2022. Thereafter, the petitioner is

before this court.

8. Reiterating the grounds urged in the petition, the

learned Counsel for the petitioner vehemently contended

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CRL.P No. 12053 of 2022

that the material collected by the investigation agency

does not form any nexus between the alleged incident and

the petitioner and therefore, the petitioner be granted

anticipatory bail.

9. Per contra, learned HCGP opposes the bail petition on

the ground that the petitioner is shown as absconding

accused in respect of the incident that occurred in the year

2018. The investigation agency is unable to trace the

present petitioner and the material collected by the

Investigation agency prima facie establishes the nexus

between the alleged crime and the petitioner, which is to

be decided during the trial. Therefore, sought for the

rejection of the bail.

10. Perused the material on record meticulously in view of

the rival contentions of the parties.

11. On such perusal of the material on record, it is seen

that the petitioner has activated the Airtel SIM in favour of

the other accus