IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF APRIL, 2017 BEFORE THE HON' BLE MRS JUSTICE RATHNAKALA CRIMINAL PETITION NO.1841 OF 2017 BETWEEN:
SYED MASIULLA AGED ABOUT 50 YEARS, S/O SRI SYED BASHEER, AGRICULTURIST R/O MUTHINAKOPPA VILLAGE, N.R.PURA TALUK, CHIKKAMAGALURU DISTRICT-577 134 (BY SRI K.S.GANESH, ADV.,) AND:
STATE OF KARNATAKA BY N.R.PURA POLICE, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-01 ... PETITIONER ... RESPONDENT (BY SRI B.J.ESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.5/2017 OF N.R.PURA POLICE STATION, CHIKKAMAGALURU, WHICH IS REGISTERED FOR THE OFFENCE P/U/S 4, 5 OF IMMORAL TRAFFIC PREVENTION ACT, 1956 AND SEC.6(3) AND 67 OF INFORMATION TECHNOLOGY ACT, 2008 AND SECTION 370, 384, 504 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State.
The respondent-Police registered a case against the petitioner/accused No.4 along with 6 others in their Crime No.5/2017 for the offences punishable under Sections 4 and 5 of Immoral Traffic Prevention Act, 1956, Sections 66(E) and 67 of Information Technology Act, 2008 and Sections 370, 384 and 506 read with Section 34 of IPC.
2. The learned counsel for the petitioner submits that the petition filed by him before the Sessions Court under Section 438 of Cr.P.C., was rejected and during the pendency of this petition, charge sheet is filed. The specific role attributed against this petitioner does not require his custodial interrogation. In the given circumstance, he may be directed to appear before the Investigating Officer and subject him for further interrogation in the case.
3. In the light of the above submission, petition is allowed. The petitioner is granted anticipatory bail in Crime No.5/2017 registered by the respondent-Police for a limited period of three weeks.
Within the above period, he shall surrender before the concerned Court and move for regular bail.
Until disposal of his bail petition, this order will be in force.
In the event of his arrest within the above period by the Investigating Officer in respect of the above case, he shall be released on bail on executing a self bond for a sum of Rs.50,000/- with one surety for the likesum.
Sd/- JUDGE PB