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Judgment
S Vishwajith Shetty, J
Accused in Crime No.64/2023 registered by Halasurgate Police Station, Bengaluru City for offences punishable under Sections 506, 504 and 354 of IPC is before this Court, under Section 438 of Cr.P.C., seeking anticipatory bail.
Heard the learned counsel for the parties.
On the basis of the complaint dated 21.03.2023 lodged by Rima Chapagain, FIR in Crime No.64/2023 was registered by Halasurgate Police, Bengaluru City against the petitioner herein for the aforesaid offences. In the complaint it is averred that on 21.03.2023, the complainant had gone to the Magistrate Court at Bengaluru since she had a case in court hall No.32 Additional Chief Metropolitan Magistrate. While the complainant was waiting outside the court hall, the petitioner allegedly came there and tried to manhandle her and abused her using filthy language and snatched her bag in front of everybody. Her friend and sister allegedly prevented petitioner from committing any further act against her. The complainant got frightened because of the act of the petitioner. Thereafter, she appeared before the Court. The alleged incident was in front of the court hall No.32 and the incident allegedly was recorded in the CCTV camera. Regarding the incident that had taken place at about 2:30 p.m., on 21.03.2023, complainant had approached the Police at about 11 p.m. on 21.03.2023 and lodged a complaint, based on which FIR in Crime No.64/2023 was registered against the petitioner. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.5638/2023 before the Court of XLV Additional City Civil and Sessions Judge, Bengaluru which was dismissed on 23.06.2023. It is under these circumstances, petitioner is before this Court.
Learned counsel appearing for the petitioner reiterated the grounds urged in the petition and submits that the complainant had filed a false complaint against the petitioner in which he was being tried in C.C.No.3537/2020. In the said case, the complainant had not appeared before the Trial Court and after issuing non-bailable warrant against her even proclamation order was also issued. Thereafter, on 21.03.2023, after a lapse of more than two years, she had appeared before the Court and filed an application to permit her to lead evidence. The said application was allowed. On the said day, the complainant has not complained to the Presiding Officer about the alleged incident even though her evidence was recorded subsequently in the Court. He accordingly, prays to allow the petition.
Per contra, learned High Court Government Pleader has opposed the application.
Learned counsel for the petitioner has produced the entire order sheet in C.C.No.3537/2020, which was listed on 21.03.2023 before the Court of XXXII ACMM, Bengaluru. The order sheet would reflect that the complainant in the present case, is also the complainant in the said case and had absented herself before the trial Court and therefore, non-bailable warrant was issued against her. Subsequently, even proclamation order was issued against the complainant. After lapse of about two years, for the first time she had appeared before the learned Magistrate on 21.03.2023 and had filed an application to recall CWs.1 to 7. The said application was allowed on the said date and said witnesses were examined before the trial Court and the matter was adjourned for cross-examination of CWs.1 to 7. The alleged incident has taken place at about 2:30 p.m., in front of the court hall. Even as per the complaint averments thereafter the complainant had appeared before the court. However, she had not brought to the notice of the Presiding Officer about the alleged incident. Subsequently, the complainant has approached the police belatedly at about 11:00 p.m., on 21.03.2023. Having regard to the aforesaid aspects of the matter, a serious doubt arises with regard to the correctness of allegation made in the complaint. Under the circumstances, I am of the opinion that the petitioner's prayer for anticipatory bail is required to be answered affirmatively. Accordingly the following:
ORDER
The petition is allowed.
The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner - accused in the event of his arrest in Crime No.64/2023 registered by Halasurgate Police Station, Bengaluru City for offences punishable under Sections 506, 504 and 354 of IPC, subject to the following conditions:
The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer.
The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon till filing of final report.
The petitioner shall not involve in similar offences in future.