IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7786/2017 BETWEEN:
1. Sanaulla M.H., S/o Hussain Sab M.H., Aged about 30 years, R/o Maraluru Village, Ramapura Post, Gowribidanooru Taluk, Chikkaballapura District – 562 101.
2. Hussain Sab M.H., S/o Late Imam Sab, Aged about 63 years, R/o Maraluru Village, Ramapura Post, Gowribidanooru Taluk, Chikkaballapura District – 562 101.
3. Safoora, W/o Hussain Sab, Aged about 48 years, Housewife, R/o Maraluru Village, Ramapura Post, Gowribidanooru Taluk, Chikkaballapura District – 562 101.
4. Harifulla M.H., S/o Hussain Sab, S/o Nagaraj, Aged about 39 years, R/o C/o Mallikarjuna, Opposite JMFC Court, Toboco Colony, Gowribidanooru Taluk – 561 208.
5. Rajiya, W/o Harifulla M.H., Aged about 33 years, Housewife, R/o C/o Mallikarjuna, Opposite JMFC Court, Toboco Colony, Gowribidanooru – 561 208.
6. Sharief Ahmad, S/o Late Malali Sab, Aged 43 years, R/o # 37, 3rd Cross, 1st Main, Ananth Nagar, Bapuji Nagar, Bengaluru – 560 026.
7. Shameem, W/o Sharief Ahmad, Aged 36 years, R/o # 37, 3rd Cross, 1st Main, Ananth Nagar, Bapuji Nagar, Bengaluru – 560 026.
(By Sri Mohan Kumar D, Adv.) …..Petitioners AND 1. The Station House Officer, Y.N.Hosakote Police Station, Pavagada Taluk, Tumakuru District, PIN Code : 572 141.
2. The Station House Officer, Vidyaranyanagara Police, Bengaluru – 560 097.
3. The Station House Officer, Gowribidanooru Police, Rural Police Station, Doddaballapura – 572 101.
Represented by State Public Prosecutor, High Court Buildings, Bengaluru – 560 001.
... Respondents (By Sri. Chetan Desai, HCGP) This Criminal Petition is filed under Section 438 Cr.P.C praying to enlarge the petitioners on bail in the event of their arrest by any of the Police Station including respondent police in the event of their arrest in connection with registration of false case which going to be filed by complainant Smt.Surbiya Taj C.A., 1st petitioner’s wife and her father Sri C.P.Ali Sab and her mother or any of their family members, relatives.
This Criminal Petition coming on for orders this day, the court made the following:
O R D E R This petition is filed by the petitioners/accused under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioners on bail in the event of their arrest in a non-bailable offences.
2. Heard the arguments of the learned counsel appearing for the petitioners/accused and also learned High Court Government Pleader appearing for the respondents-State.
3. Learned counsel for the petitioners made the submission that no FIR is registered in this case, but still the petitioners are having apprehension of their arrest at the hands of the respondent-police. There is no material in the petition except making the averments that they are having the apprehension of their arrest at the hands of the respondent-police. It is no doubt true the legal position that registration of FIR is not a condition precedent for granting of anticipatory bail, if a person is able to establish that he is having reasonable apprehension of his arrest at the hands of the respondent-police in a non-bailable case then he can apply to anticipatory bail.
4. Heard the learned HCGP also.
5. I have perused the grounds urged in the bail petition and the other documents produced by the petitioners along with the petition. Since, the details are not at all made out by the petitioners regarding the basis of their apprehension, therefore, the petitioners are not entitled to be granted with anticipatory bail.
Accordingly, petition is hereby rejected.
Sd/- JUDGE Sv/-