Diddegowda @ Dodda Diddegowda vs The State of Karnataka

A.S. Pachhapure, J.—The petition is filed u/s 438 Code of Criminal Procedure , requesting for grant of anticipatory bail, apprehending arrest.

A private complaint was filed by the adjoining land owner of the Petitioner u/s 200 Code of Criminal Procedure , making allegation of theft of electricity energy unauthorizedly. Under these circumstances, the Petitioner filed an application before the Sessions Judge, seeking anticipatory bail, u/s 438 Code of Criminal Procedure

The application in Crl. Misc. No. 1143/09 was allowed vide Order dated 06.01.2010 granting anticipatory bail with a direction to the Petitioner to move an application u/s 437 Code of Criminal Procedure , before the jurisdictional Court, within 20 days from the date of the Order. It appears that the Petitioner was misled and moved the JMFC., Channarayapatna. As the charge-sheet has been filed, the Magistrate has no jurisdiction and the charge-sheet was later submitted to the Special Court, he was not able to move the application within time as ordered by the Sessions Court. It is under these circumstances, he has filed this petition.

I have heard the learned Counsel for the Petitioner and also the learned Government Pleader.

The fact that the anticipatory bail was granted to the Petitioner is clear from the copy of the Order at Annexure - "C". The Petitioner has also produced the copy of the application at Annexure - "D", under which he moved an application u/s 437 Code of Criminal Procedure within 20 days as ordered by the Sessions Court. but. before a Court having no jurisdiction. Anyhow, taking into consideration the Petitioner was misled as to whether the application has to be moved to the Special Court or to the Magistrate Court, I think, the interest of justice would be met if the Petitioner is granted anticipatory bail, as the Petitioner is apprehending arrest in view of issuance of non-bailable warrant by the Sessions Court.

In that, view of the matter, the petition is allowed. The Petitioner is granted anticipatory bail and in the event of his arrest, he is ordered to be released on bail on his executing a personal bond for a sum of Rs. . 25,000-00 with 2 solvent sureties for the likesum to the satisfaction of the Arresting Authority/Special judge, with further following conditions:

1) The Petitioner shall be made available for interrogation by a police officer as and when he is required.

2) He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

3) He shall attend the Court as and when directed.

4) He shall appear before the concerned Police Station every Sunday in between 9.00 and 10.00 a.m.