The applicant is in judicial custody in FIR No.1 of 2022, dated 03.05.2022, under Sections 120-B, 419, 420, 467, 468, 471 IPC and Section 66-D of the Information Technology Act, 2000 and Section 14 of the Foreigners Act, 1946, Police Station Cyber Crime, Rudrapur, District Udham Singh Nagar. He has sought his release on bail. It is second bail application of the applicant. His first bail application has already been rejected on 05.06.2024.

2. Heard learned counsel for the parties and perused the record.

3. Having considered, this Court is of the view that there is no new ground to enlarge the applicant on bail. Accordingly, the second bail application of the applicant deserves to be rejected.

The undersigned has reserved the judgment in the present case on 19.10.2024 and same was to be pronounced on 04.11.2024. Vide order no. 38/DHC/Gaz-IIBG-7/VI.E.2(a)/2024 dated 25.10.2024 of Hon'ble Delhi High Court, undersigned was transferred from Rohini Court (i.e. JMFC-02) to Dwarka Courts as JMFC-01 (NI Act). As per the aforesaid order of Hon'ble High Court, the judicial officer shall pronounce the judgment in those matters which are reserved for judgement even after the transfer. Hence, the judgement in the present case is being pronounced by the undersigned in the capacity of JMFC-01 (NI Act).

BRIEF REASONS FOR DECISION:

1. The case of the prosecution shown of unnecessary details is, that on or before 04.12.2014, at Factory No. 103, Swastik Aluminum, Badli Industrial Area II, Delhi, accused persons taped the pipeline of IGL in a way to endanger human line to supply the gas to factory No. 102 (Ideal Udyog) and Factory No. 90 (Tirupati Udyog) and committed offence under section 336/34 of IPC. Accused persons also at the aforesaid factory committed theft of gas of IGL by supplying the same to factory No. 102 (Ideal Udyog) and Factory No. 90 (Tirupati Udyog) by tapping the same and committed offence under section 379/34 of IPC. Accused persons in the alternative on the aforesaid day and factory dishonestly misappropriated or converted for their own use the gas connection entrusted to them by IGL and thereby committed the offence under section 406/34 of IPC. Both the accused persons also tried to disappear the evidence with intend to save themselves and other offenders from legal punishment and thereby committed the offence under section 201/34 of IPC. The accused persons also damaged and destroyed the State Vs. Rajeev Gupta FIR No. 1426//2014 Page no. 2 of 30 pipelines and thereby committed offence under section 15(2) of Petroleum and Mineral Pipelines Act, 1962.

11.Date on which Order Announced : 12.11.2024.

SC No. 464/2021 FIR No. 417/2021 U/s. 307 IPC State Vs. Ram @ Himanshu PS : Badarpur Page No.1 of 31 BRIEF FACTS AND REASONS FOR DECISION:

1. The prosecution case against accused Ram @ Himanshu in brief is that on 11/07/2021, at about 08:30 PM, at Main Market, Gautam Puri, near Valmiki Mandir, within the jurisdiction of PS Badarpur, he caused injuries on forehead and occipital region exposing bone calvaria of victim Dinesh Kumar, with chopper (meat cutting knife). The FIR was registered on the basis of PCR call through GD No.90A and accused Ram @ Himanshu was arrested on 12/07/2021 and, on completion of investigation, the charge-sheet was filed for offence U/s. 307 IPC.

BRIEF STATEMENT OF REASONS FOR THE DECISION:

FACTUAL MATRIX-

1. Briefly stated, the case of the prosecution is that on 01.05.2020 at about 07:30 PM, at Road from Village Mundhela Kalan towards Bakhargarh Toll Tax, Delhi, accused was carrying illicit liquor in car bearing registration no.HR-48B-4970, without any valid licence or permit in that regard and knowing that prescribed duty has not been paid thereon and thereby committed the offences punishable under Sections 33/38/52(2) of Delhi Excise Act, for which FIR no.104/2020 was registered at the police station Jafarpur Kalan, New Delhi.

INVESTIGATION AND APPEARANCE OF ACCUSED

2. After registration of the FIR, the Investigating Officer (hereinafter, "IO") undertook investigation and on culmination of the same, the chargesheet against the accused was filed. The Ld. Predecessor of this court took the cognizance against the accused and summons were issued to the accused. On his appearance, a copy of the chargesheet was supplied to the accused in terms of section 207 of the Code of Criminal Procedure, 1973 (hereinafter, "CrPC"). On finding a prima facie case against the accused, charge under Sections 33/38 of Delhi Excise Act was framed against accused on 08.06.2023 and charge under Section 52(2) of Delhi Excise Act was framed against acucsed Vikram on 16.05.2024. The accused pleaded not guilty and claimed trial.

1. Two appeals, one preferred by the convicted appellant Satyajeet Singh and the other preferred by the parents of the deceased children, assailing the judgment and sentence by the former whereas the latter have preferred to assail the order on the CA Nos.114/2019 & 128/2019 Satyajeet Singh Vs. State & Anuradha Bhattacharya & Ors. Vs. State & Anr. Page 2 of21 sentence only. Both the appeals are taken up together inasmuch as both are arising out of the judgment dated 07.05.2019 and the order on sentence dated 09.05.2019 and are disposed off through the instant judgment.

2. Before adverting to the contentions of the appellants, facts are required to be looked into against the backdrop of which the appeals have emerged. A group of youngsters comprising of appellant Satyajeet Singh and three others namely Gaurav Sobti, Sneha Kapoor and Anirudh Rawat were out to enjoy an evening on 23.02.2008. They had come together at Chattarpur initially in a party hosted by "Red Bulls", where they reached at around 10.00- 10.30 pm and moved out from there in different lots and went to Park Hotel where they reached one after the other at around 01- 01.30 am. In fact, Gaurav Sobti and Anirudh Rawat were picked up by appellant Satyajeet Singh and they went to the party hosted by "Red Bulls" in Chattarpur, where Sneha Kapoor had also came with a friend. Gaurav along with his another friend Rohan, left for Park Hotel at Connaught Place and went to Dance at Disco Bar 'Agni'. The other friends also joined them after about half an hour, that is, Satyajeet, Anirudh Rawat and Sneha Kapoor. They had food, beer and juices etc., there. About 2 - 2 ½ hours were spent by these persons at Park Hotel and after finishing their dinner, etc., they all decided to go back home. Satyajeet Singh, appellant herein, offered to drop Gaurav Sobti, Sneha Kapoor and Anirudh Rawat in his car.

1. The accused Shishu Pal has faced the present trial for the offence u/s 302 IPC for committing murder of his real brother namely Satyadev by strangulating him with the help of a shoe lace.

The case of the prosecution:

2. The facts of the prosecution case, in brief, are that on receipt of call vide DD No. 31 A dated 15.07.2018, ASI Brahm Swaroop reached Sardar Vallabh Bhai Patel (SVBP) Hospital, Patel Nagar where deceased Satyadev was reported to be brought dead. The emergency card of SVBP hospital indicates that he was brought there by the accused. The doctor at the hospital noticed a scar mark on the neck of the deceased. The post mortem report opined that the cause of death as asphyxia due to ligature strangulation. In the subsequent opinion the doctor opined that the death was possible with the alleged weapon of offence i.e shoelace recovered at the instance of the accused. After the post mortem report was received the FIR was registered on 19.07.2018. On the same day the accused was arrested and his disclosure statement was recorded. On the next day the IO obtained the police custody of the accused and at the instance of the accused, the shoelace allegedly used in the offence, was recovered from the room situated at the first floor of the house of the accused and the deceased. Pooja, wife of deceased raised her suspicion on the accused as her husband i.e. deceased Satyadev was a habitual drunker due to which there used to be quarrels State Vs Shishu Pal SC No.780/2018 FIR No. 201/2018 2/42 between Satyadev and his elder brother Shishupal. She stated that at the time of incident, she had gone to her parental home at Farukhkabad, U.P. After completion of investigation, t he chargesheet was filed against the accused.

1. Brief facts of this case are that on 05-05-2015 at about 2:15 pm, an information was received at PS New Usmanpur through PCR van B-52 that niece of caller has been thrown off the stairs by her husband at H. No. 22/23, Gali no. 2, G-Block, Shastri Park, Delhi. The information was reduced into writing vide DD no. 42B (Ex. PW1/A) and the same was marked to SI Dharmender (hereinafter referred to as first IO/ investigating officer). Thereafter, IO along with HC Sudhir and Ct. Rahul reached at the spot i.e. H. No. G-48, Gali no. 2, Shastri Park, Delhi where they found that a 30 years old lady was lying dead and there was an injury mark on her neck. The family members of the said deceased were present there. The father of deceased namely Sh. Om Prakash informed that dead body was of his daughter namely Hemlata, who got married about 6½ years ago. Crime Team and photographer were called and spot was got photographed from different angles. Sh. Rajesh Dhawal, who was looking after the work of SDM Seelampur, had arrived and recorded statement of Sh. Om Prakash, father of deceased. Sh. Om Prakash stated that he was residing at 313A, Neelam Bata Road, AC Nagar, Faridabad. The deceased Hemlata was her second number child amongst four children. His daughter got married with Radhey Shyam s/o late Sh. Makhan Lal about 6½ years ago. The matrimonial life of her daughter was not good. His son-in-law namely Radhey Shyam had started making demands of money after marriage. There used to be continuous quarrel between the couple. His daughter was unhappy for the last six years. They tried to console her but she used to abuse them. His son-in-law was indulged in bad activities and committed various criminal offences which includes theft and stabbing. Every time his daughter used to call him, she stated that her husband used to intimidate her. There were two children out of the wedlock. His daughter Hemlata used to report telephonically to him that her mother-in-law and younger brother-in-law Vicky also used to fight with her and used to snap electricity supply. On 05-05-2015, at about 11 am, his son Rohtash had received a phone call of mother-in-law of Hemlata, who stated that something wrong has happened with Hemlata. When he called them after some time, she stated that his daughter Hemlata is unwell. When they reached the matrimonial house of his deceased daughter, then the mother-in-law of deceased daughter stated that his daughter had fallen from stairs. His son- in-law was also present on the second floor of the house and he did not bother to come downstairs. He asked the mother-in-law of the deceased as to why they had not taken her to hospital if she had fallen from stairs to which she did not give any satisfactory explanation. He noticed injury mark on the neck of his deceased daughter. He immediately called at 100 number. He stated that it appeared that her daughter Hemlata had been killed by her husband, mother-in-law and brother-in-law. After recording the above-stated statement, Sh. Rajesh Dhawal immediately directed the IO to take action as per law and to proceed for postmortem of deceased. The dead body was sent to mortuary of GTB hospital under the supervision of Ct. Rahul. The IO prepared rukka and got the present FIR registered u/s 498A/304B/34 of IPC. Thereafter, SDM proceeded to record statement of mother of deceased namely Meera Devi, who also levelled similar allegations against the in-laws of the deceased as levelled by father of the deceased. The site plan of the spot was prepared by the IO. The accused Radhey Shyam was arrested and his disclosure statement was recorded. Pointing out of place of incident was prepared. On 06-05-2015, lady Ct. had removed the articles worn by the dead body and the same were handed over to the IO, who prepared pulanda and thereafter, took the same into police possession. Postmortem of the deceased was conducted under the supervision of Executive Magistrate. After conclusion of postmortem, dead body was handed over to the father of deceased Om Prakash. At that stage, Section 302 of IPC was added. PC remand of the accused was obtained and during PC remand, accused Radhey Shyam confessed that he committed murder of deceased Hemlata after strangulating her with nylon chunni. The accused got recovered the said nylon chunni from first floor of his house which was seized vide seizure memo Ex.PW6/B. The said nylon chunni was 64 inch long and 2 inch in width. The said chunni was tied with a black colour thread at one of its end which was 17 inch in length. Accused Gyan Devi and Hari Shankar @ Vicky were being searched but they were not found. Accused Radhey Shyam was got medically examined at JPC hospital. During medical examination, doctor concerned had handed over one pulanda containing blood sample on gauze of accused to police, which was seized vide seizure memo Ex. PW29/B. On 09-05-2014, the investigation of the present case was marked to Inspector Mahavir Singh (hereinafter referred as second IO). On 18-05-2015, the second IO had obtained viscera of the deceased, nail clippings with seal of JSV from mortuary of GTB hospital. Same were seized by the IO vide seizure memo Ex. PW30/A. On 25-05-2015, the complainant Om Prakash had handed over photographs of the marriage, marriage card, receipt of motorcycle given in marriage, photocopy of insurance, photographs of motorcycle and list of dowry articles, CD/DVD of marriage to the IO. Same were seized vide seizure memo Ex.PW3/E. On 13-06-2015, postmortem report along with one sealed report with seal of JSV was collected from GTB hospital. In the PM report, cause of death of deceased was opined as asphyxia as the result of antemortem ligature strangulation. Subsequent opinion regarding use of recovered nylon chunni was obtained from the autopsy surgeon wherein the doctor concerned had opined that ligature mark present around neck of deceased corresponds with the alleged ligature material given for examination. The photographs and crime scene inspection report were received. On 28-07-2015, the exhibits were sent to FSL Rohini for opinion. On the same day, the IO got verified one complaint filed by the deceased Hemlata in the year 2010 to CAW Cell, Faridabad. IO got prepared scaled site plan through Inspector Mahesh Kumar. Since the accused Gyan Devi and Vicky were evading their arrest, the IO obtained their NBWs from the concerned court on 02-07-2015. On 30-07-2015, accused Gyan Devi and Vicky had surrendered themselves in the court, they were formally arrested and interrogated. Their disclosure statements were recorded separately. Their PC remand was obtained wherein they pointed out the place of incident. After completion of necessary formalities, charge-sheet was filed in the Court of Ld. Ilaqa MM.

1. Brief facts of the case are that on 19.09.2013 complainant Late Sh. Prithvi Bhatia, r/o B-1/264, Paschim Vihar, Delhi, gave a complaint at PS Paschim Vihar, stating that he was residing at the above said address with his family. Around 2½ years back, he had got the knees of his wife operated and he required a nurse. He got a nurse/maid named Geeta from one Medicare Agency. She came for night duty to their house for 6-8 months. They also used to give an amount of Rs. 600/- towards tuition fees of her daughter. Thereafter she came to their house on 14.09.2013 and told them that she had to purchase a house and asked for Rs. 3 Lakhs, however, they refused. At this, she started quarreling with them and they sent her away from their house. She threatened them to see them and went away. After some time she came with two police officials and started shouting. The police persons namely ASI Birchha Singh and Const. Ombir came and started threatening them that they would implicate him in a rape case and get him sent to jail for a year like Bapu Aasa Ram, who was lodged in jail or to give Rs. 6 Lakhs to settle the matter. They also told that otherwise they will take him to jail and take remand. The complainant got scared and they obtained Rs. 6 Lakhs from him. The complainant further stated that he was suffering from cancer for the past thirty years and used to remain ill. He was 56 years old and he was even not capable of the allegations made by them. He sought that the complaint must be acted upon and he should be returned his money.

CIC/SBIND/A/2023/633692

1. The Appellant filed an RTI application dated 12.05.2023 seeking information on the following points:

Page 1 of 5

(i) Entire file, inter alia, containing Copies of circulars, policies, notes, correspondence, Board resolutions, etc. generated on the issue of engagement of Housing Keeping Contracts, instead of getting such work done from the regular staff of the bank, and polices, circular etc. engagement of Contract labour by the bank. Entire record since last 12 years.

(ii) Copies of tender floated by the Bank for its Corporate Centre office at Wadam Cama Road, for Housekeeping Contract or engagement of contract labour for any activities, during last three calendar years,

The Criminal Revision is directed against the order passed in Crl.M.P.No.5785 of 2022 in C.C.No.224 of 2024 dated 25.03.2024 on the file of the Judicial Magistrate Court, Tirumangalam.

2. On the basis of the complaint lodged by the second respondent, FIR came to be registered in Crime No.41 of 2022 against 9 persons including the petitioner for the alleged offences under Sections 147,148, 294(b), 323, 324 and 506(2) IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002. The first respondent, after completing the investigation, has filed a final report against 8 persons and also filed a report deleting the petitioner/9th accused from the above case before the jurisdictional Court. The learned Magistrate, after receipt of the charge sheet as well as the deletion report, has issued notice to the second respondent. The second respondent has entered into appearance and filed a https://www.mhc.tn.gov.in/judis protest petition in Crl.M.P.No.5785 of 2022 and the learned Magistrate, after enquiry, has passed the impugned order dated 25.03.2024 by holding that there existed prima facie case against the petitioner and ordered for issuance of summons to all the accused including the petitioner. Aggrieved by the order adding the petitioner as one of the accused and for issuance of summons, the present revision came to be filed.

The accused No.2 in C.C.No.245 of 2022 on the file of the Additional District and Sessions Judge/Presiding Officer, Special Court for EC and NDPS Act Cases, Pudukkottai, has filed this Criminal Appeal before this Court challenging the conviction and sentence imposed against him in the impugned judgment dated 05.05.2023. The conviction and sentence is as follows:

Conviction for the Offence under Sentence of Imprisonment Section 8(c) r/w 21(C) of the NDPS Act 12 years R.I and to pay a fine of Rs.1,20,000/- in default to undergo 6 months S.I

11.11.2024 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State. Perused the records.

3. This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 498-A / 323 / 342 / 506 /307 / 34 of I.P.C. read with Section 4 of D.P. Act in G.R. Case No.1305 of 2024 of the Court of learned S.D.J.M., Chatrapur arising out of Chamakhandi P.S. Case No.373 of 2024.

11.11.2024 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 341/384/294/506/307/323/ 325/379 of I.P.C. in G.R. Case No.87 of 2018 of the Court of the learned J.M.F.C., Nimapara arising out of Nimapara P.S. Case No.33 of 2018.

4. It is stated by learned counsel for the Petitioner that earlier the Petitioner approached this Court by filing ABLAPL No.2915 of 2018. The said bail application was disposed of by a coordinate bench of this Court on 30.01.2019 thereby directing the Petitioner to surrender before the court below and move an application for bail with a corresponding direction to the learned court in seisin over the matter to dispose of the bail application on the very same day. Learned counsel for the Petitioner at this juncture submitted that due to communication gap with the conducting counsel, the Petitioner could not take advantage of order dated 30.01.2019.

arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with G.R. Case No.104 of 2020 arising out of Rajkanika P.S. Case No.58 of 2020 pending in the Court of learned J.M.F.C., Aul for alleged commission of offences under sections 341/294/323/324/354- B/506/307/34 of the Indian Penal Code.

Perused the first information report annexed to the anticipatory bail application.

12.11.2024 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 406/ 468/471/ 420/ 120-B/34 I.P.C. read with Section 4/5 of The Prize, Chits and Money Circulation Scheme (Banning) Act in 1.C.C. No.1498 of 2013 corresponding to G.R. Case No.953 of 2014 of the Court of the learned S.D.J.M., Bhadrak arising out of Bhadrak Town P.S. Case No.78 of 2014.

11.11.2024 Order No.

02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard Senior learned counsel for the Petitioner and learned Counsel for the State as well as learned counsel for the Informant. Perused the records.

3. This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 419, 420, 465, 467, 468, 471, 120-B, 34 of I.P.C. and Sections 66(C), 66(D) of I.T. Act in C.T. Case No.399 of 2024 of the Court of learned S.D.J.M., Bhubaneswar arising out of Cyber Crime P.S. Case No.11 of 2024.

12.11.2024 Order No.

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 147/148/323/325/307/302/ 427/506/149 of I.P.C. in G.R. Case No.170 of 2017 of the Court of the learned J.M.F.C., Salipur arising out of Mahanga P.S. Case No.49 of 2017.

4. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

08.11.2024 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioners and learned Additional Standing Counsel appearing for the Opposite Party-State.

3. The present application has been filed under Section 438 of Cr.P.C. by the Petitioners seeking pre-arrest bail in connection with Mahakalpara P.S. Case No.218 of 2022, corresponding to G.R. Case No.2351 of 2022, pending in the court of learned S.D.J.M., Kendrapara, for alleged commission of offences punishable under Sections 341, 294, 307, 506, 325, 34 of I.P.C.

arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Aska P.S. Case No.111 of 2022 corresponding to G.R. Case No.237 of 2022 pending in the Court of learned J.M.F.C., Aska for alleged commission of offences under sections 147/148/149 / 307/323/324/458 of the I.P.C.

Learned counsel for the petitioner submitted that similarly situated co-accused persons have already been granted bail by this Court in ABLAPL No.2898 of 2022 vide order dated 26.04.2022.

12.11.2024 Order No.

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 147/148/323/325/307/302/ 427/506/149 of I.P.C. in G.R. Case No.170 of 2017 of the Court of the learned J.M.F.C., Salipur arising out of Mahanga P.S. Case No.49 of 2017.

4. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

08.11.2024 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State.

3. The present application has been filed under Section 48 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Konark P.S. Case No.118 of 2021, corresponding to G.R. Case No.506 of 2021, pending in the court of learned J.M.F.C., Konark, for alleged commission of offences punishable under Sections 341, 294, 323, 325, 506, 34 of I.P.C.

08.11.2024 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State.

3. The present application has been filed under Section 438 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Byree P.S. Case No.95 of 2023, corresponding to C.T. Case No.946 of 2023, pending in the court of learned J.M.F.C., Chandikhole, for alleged commission of offences punishable under Sections 341, 323, 294, 307, 507, 506, 34 of I.P.C.

12.11.2024 Order No.

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 147/148/323/325/307/302/ 427/506/149 of I.P.C. in G.R. Case No.170 of 2017 of the Court of the learned J.M.F.C., Salipur arising out of Mahanga P.S. Case No.49 of 2017.

4. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.35 of 2018 arising out of Berhampur Badabazar P.S. Case No.93 of 2017 pending in the Court of learned 3rd Additional Sessions Judge, Berhampur for offences punishable under sections 147/148/302/120-B/307/326/149 of the Indian Penal Code read with section 25(1-B)(b) of the Arms Act and sections 3 & 4 of the Explosive Substances Act.

arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with Paikmal P.S. Case No.194 of 2019 corresponding to C.T. Case No.47 of 2019 pending in the Court of learned Addl. Sessions Judge -cum- Special Court, under POCSO Act, Bargarh for offences punishable under sections 366-A/370/370-A/ 372/376(2)(n)/109/34 of the I.P.C., section 6 of the POCSO Act and section 3/4/5/6 of Immoral Trafficking (Prevention) Act, 1956.

arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioners and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Marine P.S. Case No.13 of 2020 corresponding to G.R. Case No.245 of 2020 pending in the Court of learned S.D.J.M., Chhatrapur for alleged commission of offences under sections 147/148/ 353/341/323/324/291/336/307/427/506/ 149 of the I.P.C. and section 3 of Epidemic Diseases Act, 1897.

Learned counsel for the petitioners submitted that the petitioners were granted anticipatory bail by this Court in ABLAPL No.11824 of 2020 as per order dated 05.11.2020 and at that time, the investigation was under progress but in the meantime, charge sheet has already been submitted and in view of the decision rendered by the Hon'ble Supreme Court in the case of Sushila Aggarwal -Vrs.- State (NCT of Delhi) reported in AIR 2020 Supreme Court 831, the petitioners may be permitted to surrender in the Court below and move an application for bail and provisions laid down therein may be considered by the learned Court below while adjudicating the bail application.

arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Puruna Bazar P.S. Case No.79 of 2017 corresponding to G.R. Case No.765 of 2017 pending in the Court of learned J.M.F.C. (Cog.-I), Bhadrak for alleged commission of offences under sections 147/148/294/454/427/395/436/153-A/506/ 149 of the I.P.C.

Perused the F.I.R.

Considering the submission made by the learned counsel for the petitioner that first information report was not lodged against the petitioner but subsequently, he has been entangled in this case and similarly situated co-accused, namely, Sk. Bhalu has been directed to be released on anticipatory bail by this Court in ABLAPL No.8038 of 2017 vide order dated 12.07.2017 and on hearing learned counsel for the State, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that he shall make himself available for interrogation by the I.O. as and when required and 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 any facts to the Courts or to the Investigating Officer.

arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.103 of 2017 arising out of S.T.F. Bhubaneswar P.S. Case No.3 of 2016 pending in the Court of learned Sessions Judge, Cuttack for offences punishable under sections 16/17/18/18(B)/20/21/28/40 of the Unlawful Activities (Prevention) Act, 1967 and section 124(A) of the I.P.C.

The prayer for bail of the petitioner was rejected by the learned Sessions Judge, Cuttack vide order dated 03.01.2024.

Heard.

2. At the instance of the petitioner No.2, the F.I.R. in connection with Bari Ramachandrapur P.S. Case No.94 of 2017 corresponding to G.R. Case No.631 of 2017 came to be registered against the petitioner No.1 for the offences punishable under Sections 498(A)/323/325/506/34 of the IPC read with Section 4 of the D.P. Act pending in the Court of learned S.D.J.M., Jajpur.

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3. The petitioner No.1 is the husband of the petitioner No.2. Their marriage was solemnized in the year 2016. Few days after their marriage, dissention arose in their family for which the petitioner No.2 lodged the F.I.R. being Bari Ramachandrapur P.S. Case No.94 of 2017 for the above alleged offences.

Heard.

2. At the instance of the opposite party No.2, the F.I.R. in connection with Ranpur P.S. Case No.10 of 2015 corresponding to S.T. Case No.22 of 2016 came to be registered against the petitioners for the offences punishable under Sections 341/ 323/ 294/ 354/ 307/ 506/324/452/427/34 of the IPC pending in the Court of learned Senior Civil Judge-cum-Assistant Sessions Judge (Women's Court), Nayagarh.

3. The allegation against the petitioners is that, on 10.01.2015, the complainant reported at the P.S. that, on the same day, when he was working with labourers, the petitioner Nos.1, 3 & 4 removed his stumps and destroyed. When the labourers opposed the same, they left the place. Then in the same evening, while the complainant was coming from his house to pay his labourers, the above accused persons being armed with lathi, katari etc. entered into his house and abused him in obscene languages. The petitioner No.2 attacked him by means of katari to kill him. At that time, one Sunil Samantaray of his village obstructed the same and he sustained bleeding injury on his left hand. Thereafter, his sister-in-law, father and mother also tried to rescue him, but the accused persons pushed them and dragged the saree of his sister- in-law and kicked her. At that time, his brother Harmohan Nayak, Prafulla Nayak, Gagan Nayak, Sanjay Nayak and others reached at the spot and rescued them. All the accused persons threatened to kill them. Hence, the F.I.R.

Date of Hearing :08.11.2024 :: Date of Order :11.11.2024 A.C. Behera, J. This bail application under Section 439 of the Cr.P.C., 1973 filed by the petitioner arising out of Spl. G.R. Case No.4 of 2024 in connection with Cuttack Sadar P.S. Case No.16 of 2024 pending in the Court of learned Adhoc Addl. Sessions Judge, F.T.S.C.-II, Cuttack is taken up into consideration.

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2. I have already heard from the learned counsel for the petitioner, the learned Additional Government Advocate for the State and the learned counsel for the informant.

3. The petitioner is facing trial in the Court of learned Adhoc Addl. Sessions Judge, F.T.S.C.-II, Cuttack in Spl. G.R. Case No.4 of 2024 arising out of Cuttack Sadar P.S. Case No.16 of 2024 remaining in the jail custody since 29.01.2024 as an under trial prisoner having been charged under Section 292-A, 212, 376(2)(n) of the IPC, 1860, Section 6 of the POCSO Act, 2012 and Sections 66-E, 67-A & 67-B of the I.T. Act, 2000 along with his other co-accused persons on the allegations alleged against him that, due to the frequent talking between the petitioner and the victim since the month of May, 2022, they loved each other and the petitioner proposed the victim for marriage. Thereafter, in the months of August and November, 2023, the petitioner took the victim by his motorcycle to the OYO Hotel on three different dates and made sexual intercourse with her in a room of that hotel in each occasion and took the naked/nude photographs of the victim inside the room of that hotel through his mobile phone and sent the said nude/naked photographs to the mobile phone of the victim through whatsapp and the said nude photographs of the victim were in her mobile phone, to which, she (victim) had not disclosed before {{ 3 }} any of her family members including her parents. Thereafter, there was disturbance between the victim and the petitioner, for which, the victim stopped her talking with the petitioner. So, the petitioner made the nude photographs of the victim viral. Thereafter, on dated 07.01.2024, she (victim) lodged F.I.R. against the petitioner at Sadar police station, Cuttack, alleging the aforesaid allegations.

1. In both appeals, exception has been taken to the judgment and order dated 29.09.2005 passed by learned Special Judge, Osmanabad in Special Case (AC) No. 4 of 2003 recording guilt of appellants for offence punishable under sections 7, 13(1)(d) r/w 13(2) and Section 12 of the Prevention of Corruption Act, 1988 [PC Act] respectively.

CASE OF PROSECUTION IN BRIEF

2. In brief, case of prosecution is that anti corruption department received complaint from PW1 Chandrakant, who reported that one Regular Criminal Case was on the file of learned JMFC, Kallam against Gorba Sukale and three others, at his instance. In that connection, informant had approached accused no.1, who was Assistant Public Prosecutor [APP] in said court, and appellant accused demanded Rs.1,000/- to put up the case properly before the court and to take further steps of issuing warrant. Unwillingly, PW1 paid part amount and balance of Rs.500/- was decided to be paid later on. As he was not willing to pay illegal gratification, he lodged report Exhibit 54, which was entertained by PW6 Dy.S.P. Gavali, and on the strength of the same, he arranged panchas, planned trap, prepared pre-trap panchanama Exhibit 35, gave necessary instructions to the CriAppeal-704-2005+ complainant and the shadow pancha. On their instructions, both, complainant and shadow pancha, visited court. There, accused no.1 demanded illegal gratification and when informant was paying the same, it was directed to be paid to accused no.2, after which pre- determined signal was relayed by informant, leading to further trap and apprehension of accused persons. Thereafter, PW6 lodged report, carried out investigation, chargesheeted both accused, who were made to face trial before learned Special Judge vide above referred Special Case No. 4 of 2003 and on appreciating prosecution evidence as well as defence witnesses, learned trial Judge, by impugned order dated 29.09.2005, held both accused guilty of offence punishable under Sections 7, 13(1)(d) r/w 13(2) and Section 12 of the PC Act, respectively. Said judgment is now subject matter of the appeals before this Court.

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1. This is an appeal challenging the judgment and order of the Additional Sessions Judge, Nagpur in Sessions Trial No.39/2018 (State Vs. Kamlesh Dube and Others) thereby questioning the legality of judgment and order of convicting both the appellants under Section 235(2) of the Code of Criminal Procedure for the offence punishable under Section 302 2 cr.appeal.128.2022-JF.odt read with Section 34 of the Indian Penal Code, and sentencing both of them for life imprisonment alongwith fine of Rs.5000/- in default to suffer 3 months imprisonment.

2. The facts in short are as under :

On 19.09.2017, one Sumit Kamble died at about 1.46 p.m. It is alleged that appellant Kamlesh Dube and Shekhar Dube committed his murder. It is the prosecution case that both accused and the deceased were working as a driver on garbage vehicle at Kanak Resources Company. On the day of incident i.e. on 19.09.2017 at about 1.46 p.m. Sumit along with his friend Rahul and Yogiraj went to the Bhandewadi Dumping Yard by riding on the motorcycle of Sumit. At said place, the sister of informant Rahul and other women were picking the garbage. Kamlesh and Shekhar both accused also went there to unload the garbage by their garbage vehicle. Kamlesh was on driving seat whilst Shekhar was sitting beside him. Kamlesh has married with the sister of deceased Sumit. Kamlesh and sister of Sumit namely Tanu were having love affair, which was not liked by Sumit. Both of them ran away and performed marriage before 15 days. On their return, sister of Sumit was staying with Kamlesh. Because of said marriage, there was dispute between Kamlesh and Sumit. They used to quarrel with each other. On the date of occurrence, when Sumit saw Kamlesh, he went to him and there was hot exchange of words between them. At that time, Shekhar alighted from truck and assaulted Sumit with

(PER: VINAY JOSHI, J.) Heard.

2. This appeal arises out of judgment and order dated 01.08.2023 rendered by the Additional Sessions Judge, Wardha in Special (Atro.) Case No. 36/2019, whereby appellant/accused was convicted for the offence punishable under Sections 302 and 447 of the Indian Penal Code ("IPC") read with Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act ("SC and ST Act"). The appellant was sentenced to undergo imprisonment for life and to pay fine of Rs. 50,000/- with default clause for the offence punishable under Section 302 of the IPC read with Section 3(2)(v) of the SC and ST Act whilst he was sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 1,000/- for the offence punishable under Section 447 of the IPC. Both sentence were directed to run concurrently.

12.11.2024 The instant application has been preferred by the applicants for seeking a direction to summon the copy of challan from the court of Judicial Magistrate, Chadoosa. It has been brought to the notice of this Court by learned counsel for the applicants that they have already moved an application way back on 6th October, 2023 before the competent court for providing certified copy of the challan as also the statements recorded under Sections 161 and 164 Cr.P.C. besides copy of the proceedings, but till date needful has not been done.

The CM is, accordingly, disposed of and Registry is directed to seek report of the particular court as to why till date in spite of filing of the application, the needful has not been done.

Through: -

Mr. Furqan Yaqoob, GA CORAM:

HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 08.11.2024 The subject matter of this petition falls within the definition of 'service matters' as contained in Section 3(q) of the Administrative Tribunals Act, 1985 (hereinafter referred to as 'the Act'), which has become applicable to the Union Territories of Jammu and Kashmir and Ladakh, after coming into force of the Jammu and Kashmir Re-

Accused Nos1, 2, 12 and 15 are before this Court in these three petitions under Section 438 of Cr.P.C., with a prayer to grant anticipatory bail in Crime No.98/2024 registered by Seshadripuram Police Station, Bengaluru City for the offences punishable Sections 120B, 409, 420, 465, 467, 468 & 471 of IPC R/w 149 of IPC.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.98/2024 was registered by Seshadripuram Police Station, Bengaluru City against Smt Puttamma and others, on the basis of first information dated 04.10.2024 received from Sri Mallesh M, DYSP, attached to BDA, Bengaluru. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.9338/2024, Crl.Misc.9367/2024 and Crl.Misc.No.9337/2024 before the jurisdictional Sessions Court, which was rejected on 21.10.2024. Therefore, they are before this Court.

Accused Nos1, 2, 12 and 15 are before this Court in these three petitions under Section 438 of Cr.P.C., with a prayer to grant anticipatory bail in Crime No.98/2024 registered by Seshadripuram Police Station, Bengaluru City for the offences punishable Sections 120B, 409, 420, 465, 467, 468 & 471 of IPC R/w 149 of IPC.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.98/2024 was registered by Seshadripuram Police Station, Bengaluru City against Smt Puttamma and others, on the basis of first information dated 04.10.2024 received from Sri Mallesh M, DYSP, attached to BDA, Bengaluru. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.9338/2024, Crl.Misc.9367/2024 and Crl.Misc.No.9337/2024 before the jurisdictional Sessions Court, which was rejected on 21.10.2024. Therefore, they are before this Court.

Accused Nos1, 2, 12 and 15 are before this Court in these three petitions under Section 438 of Cr.P.C., with a prayer to grant anticipatory bail in Crime No.98/2024 registered by Seshadripuram Police Station, Bengaluru City for the offences punishable Sections 120B, 409, 420, 465, 467, 468 & 471 of IPC R/w 149 of IPC.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.98/2024 was registered by Seshadripuram Police Station, Bengaluru City against Smt Puttamma and others, on the basis of first information dated 04.10.2024 received from Sri Mallesh M, DYSP, attached to BDA, Bengaluru. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.9338/2024, Crl.Misc.9367/2024 and Crl.Misc.No.9337/2024 before the jurisdictional Sessions Court, which was rejected on 21.10.2024. Therefore, they are before this Court.

Accused No.1 in Crime No.321/2024 registered by Jayanagara Police Station, Bengaluru City, for the offences punishable under Sections 376 & 406 r/w 34 of IPC, is before this Court under Section 439 of Cr.P.C, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.321/2024 was registered by Jayanagara Police Station, Bengaluru city, against the petitioner for the aforesaid offences on the basis of the first information dated 14.09.2024, received from Victim girl, aged about 25 years. During the course of the NC: 2024:KHC:45395 investigation of the case, the petitioner herein was arrested on 15.09.2024 and remanded to judicial custody.

(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI) Petitioner who is arraigned as accused No.3 has filed this petition under Section 482 Bharatiya Nagarika Surksha Sanhita, 2023 (for short 'BNSS') to grant him anticipatory bail in Crime No.126/2024 of respondent Police Station for the offences punishable under Sections of 406, 419, 420 r/w 149 of Indian Penal Code.

2. In support of his petition, petitioner has contended that he has not committed the alleged offences and has been falsely implicated. He is innocent and law abiding citizen. He has not involved in any other criminal case. Though the alleged offences are non bailable, they are not punishable with death or imprisonment for life. The complaint is an after thought cock and bull story created by the complainant. The alleged incident has taken place on 27.06.2024, but complaint is filed on 10.07.2024. The inordinate delay in filing the complaint is not explained.

Petitioners are seeking quashing of the charge-sheet filed in C.C.No.503/2023 and the order dated 08.06.2023 passed by the Court of Civil Judge and JMFC, Deodurga, taking cognizance of offences punishable under Section 171 (f) of IPC, Sections 177 and 192 (A) of IMV Act, 1988 and Section 3 of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981.

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NC: 2024:KHC-K:8071

02. In brief, the charge-sheet allegations are that, petitioners being the driver and owner of an Ambulance bearing Reg.No.KA-05-AK-6853 has exhibited a photo of one Sri. Shivanagouda Nayak, a BJP candidate and the said Ambulance was parked in front of Nadagoud Hospital, Arakera.

Petitioners who were arrayed as accused Nos.2 to 6 in CC No.15405/2005 as per the order dated 05.12.2014 passed by the learned Chief Metropolitan Magistrate, Bengaluru, are NC: 2024:KHC:44458 seeking to quash the criminal proceedings initiated against them.

2. Brief facts of the case are that, respondent No.2 as complainant filed the private complaint in PCR No.3599/2004 against accused Nos.1 to 5 alleging commission of the offence punishable under Sections 420, 468, 471 and 506(2) R/w Section 34 of IPC. It is alleged by the complainant that accused No.1 was working as village accountant. He was having real- estate dealings in the name of his wife, sons, son-in-law and daughter. Accused No.1 is the brother-in-law of the complainant and he induced the complainant and his colleagues to invest in the land in Sy.No.152 of Yelahanka village. He executed General Power of Attorney in favour of his son- accused No.4. Accused Nos.1 to 4 took the complainant and his wife to the land in Yelahanka and induced the complainant to purchase a site. Accordingly, the complainant agreed to purchase the site and paid Rs.1,00,000/- to accused No.1 during May 1998. Later, the accused have shown a brochure pertaining to the land situated at Ramanagara, near Mysore road and promised to develop the same as a resort under the name of Aradhya Scientific Farms and Resorts International.

The judgment and order dated 18.12.2017 passed by the Court of Sessions Judge, Special Court at Yadagiri in NC: 2024:KHC-K:8145 Special Case No.45/2015 is assailed in this appeal by the accused.

2. Heard the learned counsel for appellant, learned High Court Government Pleader for respondent/State and perused the evidence and material on record.

3. Charges were framed against the accused/ appellant for offences punishable under Sections 323, 354(A)(1), 504 of IPC and Section 3(1) (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

4. The case of the prosecution is that on 09.06.2015 at about 11.00 a.m., when the complainant/PW-1 was proceeding towards the canal in Nagaral village to wash the clothes, the accused held her hands, abused her as 'le holeya sule' and called her to sleep with him and when she resisted, he dragged her by holding her tuft, assaulted on her back with his hands and thereby committed the charged offences.

This appeal is filed by the sole accused praying to set aside the judgment of conviction and order on sentence dated 29.06.2017 passed in S.C.No.762/2014 by the LIII Additional City Civil and Sessions Judge, Bengaluru, whereunder the appellant -accused has been convicted for offences punishable under Sections 376 and 417 of Indian Penal Code (hereinafter referred to as "IPC" for brevity) and sentenced to undergo rigorous imprisonment for a period of 07 years and pay fine of Rs.1,00,000/- for offence punishable under Section 376 of IPC and sentenced to undergo rigorous imprisonment for a period of 01 years offence punishable under Section 417 of IPC.

(PER: HON'BLE MR. JUSTICE C M JOSHI) This appeal is filed by the appellant /accused seeking to set aside the order of conviction and sentence dated 14.09.2023 and 16.09.2023 passed by the Special Judge and Principal District and Sessions Judge, Bidar, in Special Case (PC) No.25/2015 convicting him for the offences punishable under Sections 7 and 13(1)(d) read with 13(2) of P.C. Act, 1988 and sentencing him to undergo simple imprisonment for a period of 4 years for the offence punishable under Section 13(1)(d) read with Section 13(2) of P.C. Act, 1988 and fine of Rs.1,00,000/- and to undergo simple imprisonment for period of 3 years and to pay fine of Rs.50,000/- for the offence punishable NC: 2024:KHC-K:8245 under Section 7 of P.C.Act, 1988, with adequate default sentences and that he may be acquitted.

IN RE: B.K.NAGARAJAPPA

6. The petitioner Sri B.K.Nagarajappa had served the Corporation between 05.04.2021 to 30.06.2022 as General Manager. Previous approval has been granted for the purpose of investigation as regards the following:

NC: 2024:KHC:45706 PÀæ.¸ÀA ¥Éưøï oÁuÉ C¥ÀgÁzsÀ ¸ÀASÉå 1 PÀ®§ÄVð f¯Éè, PÁ¼ÀV ªÉÆ.¸ÀA.79/2022 gÀ PÀ®A ¥Éưøï oÁuÉ 406, 409, 420, gÉ/« 34 L¦¹ 2 ¨ÉAUÀ¼ÀÆgÀÄ £ÀUÀgÀ ¹zÁÝ¥ÀÄgÀ ªÉÆ.¸ÀA.56/2023, PÀ®A ¥Éưøï oÁuÉ 406, 420 ¸ÀºÀ 149 L¦¹ 3 ¨ÉAUÀ¼ÀÆgÀÄ UÁæªÀiÁAvÀgÀ f¯Éè ªÉÆ.¸ÀA.07/2023, PÀ®A-

IN RE: B.K.NAGARAJAPPA

6. The petitioner Sri B.K.Nagarajappa had served the Corporation between 05.04.2021 to 30.06.2022 as General Manager. Previous approval has been granted for the purpose of investigation as regards the following:

NC: 2024:KHC:45706 PÀæ.¸ÀA ¥Éưøï oÁuÉ C¥ÀgÁzsÀ ¸ÀASÉå 1 PÀ®§ÄVð f¯Éè, PÁ¼ÀV ªÉÆ.¸ÀA.79/2022 gÀ PÀ®A ¥Éưøï oÁuÉ 406, 409, 420, gÉ/« 34 L¦¹ 2 ¨ÉAUÀ¼ÀÆgÀÄ £ÀUÀgÀ ¹zÁÝ¥ÀÄgÀ ªÉÆ.¸ÀA.56/2023, PÀ®A ¥Éưøï oÁuÉ 406, 420 ¸ÀºÀ 149 L¦¹ 3 ¨ÉAUÀ¼ÀÆgÀÄ UÁæªÀiÁAvÀgÀ f¯Éè ªÉÆ.¸ÀA.07/2023, PÀ®A-

The petitioner - accused is before this Court calling in question proceedings in Spl.C.No.1338/2024 registered for offences punishable under Sections 417, 420 and 313 of the Indian Penal Code, 1860 (the 'IPC' for short).

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NC: 2024:KHC:44321

2. Heard Sri. Hemanth Kumar K., learned counsel appearing for the petitioner, Sri. R. Rangaswamy, learned HCGP appearing for respondent No.1 and Sri. K.A. Prathap, learned counsel appearing for respondent No.2.

3. Facts adumbrated are as follows:

The second respondent is the complainant, registers a complaint on 28.03.2024 for the afore quoted offences. The crux of the complaint is that the complainant and the petitioner get acquainted to each other in the year 2021, while they were working together. The narration in the complaint that the friendship blossomed into relationship and the relationship was physical as well. Further allegation in the complaint is that the petitioner had physical relationship with the complainant on the pretext of marriage or on the promise of marriage. The promise having been broken is what leads the complainant to register a complaint with the jurisdictional police for the aforesaid offences. The police after investigation filed a charge sheet and the matter is presently pending as a special case in 1338/2024 for the afore quoted offences.

Petitioners are co-accused in Special Case No.741 of 2024 pending on the file of VIII Additional District and Sessions Judge, Bengaluru Rural, Bengaluru.

2. Heard Sri Mayur D Bhanu, learned counsel for petitioner and Smt Rashmi Patil, learned High Court Government Pleader for respondent.

3. This Court, qua two of the accused i.e., accused Nos.23 and 69 in W.P.No.29510 of 2024 disposed on 4-11- 2024 has held as follows:

"........

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NC: 2024:KHC:45326 Against the petitioners, non-bailable warrant is issued as is issued against several of the accused who were not present. Whether a non-bailable warrant could be issued or not for securing the presence of the accused, need not detain this Court for long or delve deep into the matter. The Apex Court in the case of TARSEM LAL V. ENFORCEMENT DIRECTORATE reported in (2024) 7 SCC 61, considers the very issue and holds as follows: