Anticipatory bail granted under Section 438 of Cr.P.C. as petitioners not shown to be absconding and similar relief granted to other accused.

The petitioners-accused Nos. 1, 2, 4, 5 and 8 are before this Court seeking grant of anticipatory bail in Crime No.159/2023 of Chikkajala Police Station, pending in C.C.No.2594/2023 on the file of the learned Addl. Civil Judge and JMFC, Devanahalli, Bangalore Rural District, registered for the offences punishable under Sections 420 , 465, 468 , 471 read with Section 34 of Indian Penal Code (for short ' IPC '), on the basis of the first information lodged by the informant- Smt.Pushpalatha N.M. 2. Heard Sri. A. John Bosco, learned counsel for the petitioner and Sri. Rahul Rai K, learned High Court Government Pleader for the respondent-State. Perused the materials on record.

3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

“Whether the petitioners are entitled for grant of bail under Section 438 of Cr.P.C.?” CRL.P No. 4365 of 2024 My answer to the above point is in ‘Affirmative’ for the following:

R E A S O N S 4. Petitioners being accused Nos.1, 2, 4, 5 and 8 are seeking grant of anticipatory bail on the apprehension of being arrested. The informant lodged the first information making specific allegations against accused Nos. 1 to 8. After investigation, charge sheet is filed. As per the charge sheet, notice under Section 41(A) of Cr.P.C., was issued against accused Nos. 1 to 8 and the petitioners are not shown as absconding. It is stated that accused Nos.3, 6 and 7 against whom the similar allegations are made are already granted anticipatory bail. Under such circumstances, I am of the opinion that there are no reasons to deny the relief claimed by the petitioners. Grant of anticipatory bail will be subject to conditions, and even if the Investigating Officer is of the opinion that the petitioners are required for custodial interrogations, they could be taken into custody after getting necessary permission from the jurisdictional Magistrate, CRL.P No. 4365 of 2024

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

ORDER The petition is allowed.

The petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No. 159/2023 of Chikkajala Police Station. The petitioner is directed to appear before the Investigating Officer within 15 days from the date of receipt of this order and on their appearance, the Investigating Officer shall enlarge them on bail subject to the following conditions:-

a. The petitioners 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;

b. The petitioners shall not commit any offences;

c. The petitioners shall appear before the Investigating Officer or the court as and when required; and d. The petitioners shall not threaten or tamper the prosecution witnesses.

e. If in case, the Investigating Officer deems it necessary to subject the petitioner to custodial interrogation, he is at liberty to do CRL.P No. 4365 of 2024 so, with prior permission from the jurisdictional Magistrate.

On furnishing the sureties by the petitioners, the Investigating Officer is at liberty to verify the correctness of the address and authenticity of the documents furnished by them.

On satisfaction of the said documents, he may proceed to accept the sureties within a reasonable time.