THE HONOURABLE JUSTICE G. SRI DEVI
CRIMINAL PETITION No.3281 of 2021
ORDER:
The Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner seeking transit bail for a period of six weeks in Crime No.54 of 2021 of Kodigehalli Police Station, Bengalore District, which was registered for the offences punishable under Sections 302, 307, 143, 147, 150 and 149 of I.P.C.
Heard the learned counsel appearing for the petitioner, learned Assistant Public Prosecutor appearing for the 1st respondent-State and perused the record.
Learned Counsel for the petitioner contends that the petitioner has been falsely implicated in this case and there is no material to connect the petitioner with the alleged offences and that he is a resident of Hyderabad. He further submits that he is suffering from Covid-19 and he has been admitted in Citi Neuro Centre, Banjara Hills, Hyderabad on 05.04.2021 vide IP No.IP21000895. Therefore, he seeks anticipatory transit bail as the police are forcibly trying to apprehend him in high handed manner. Learned Counsel for the petitioner relied upon the judgments of the Bombay High Court in Nikita Jacob Applicant v. The State of Maharastra1 and in Shantanu Muluk v. State of Maharashtra2.
There is no quarrel with the proposition that this Court would have the power to grant anticipatory transit bail, however prior to exercise of the discretionary power this Court has to examine as to 1 A.Bail Appl.No.441 of 2021 2 A.Bail Appl.No.154 of 2021 2 whether in the facts and circumstances warrant grant of anticipatory transit bail. Anticipatory Transit Bail is not for the mere asking.
Further, the offences involved in the first judgment relied upon by the learned Counsel for the petitioner are under Sections 124-A, 153, 153-A and 120-B of I.P.C. and in the second judgment the offences are under Sections 153-A and 120-B of I.P.C., but in the instant case the offences alleged against the petitioner and others are under Sections 302, 307, 143, 147, 150 and 149 of I.P.C., as such the judgments relied upon by the learned Counsel are not at all helpful to the petitioner.
Moreover, a perusal of the contents of the First Information Report would show that there are specific allegations against the petitioner that he, along with his father, appointed contract killers by conspiring to kill Suresh Kanaji. Further, the anticipatory bail application filed by the petitioner before the concerned Court is pending. Since the offences involved in this crime are serious and heinous in nature, I am not inclined to grant anticipatory transit bail to the petitioner.
Accordingly, the Criminal Petition is dismissed. Miscellaneous petitions, if any, pending in this Petition shall stand closed ________________ JUSTICE G.SRI DEVI 16.04.2021 gkv