IN THE COURT OF THE XIX ADDITIONAL CHIEF METROPOLITAN

MAGISTRATE AT: BANGALORE

Cri. Misc. No. /2020

Petitioner: Sri. Rajiv,

S/o. Sri. Reddy,
Age about 35 years,i
Flat No.50, Sunrise Apt,
Jayanagar,
Bangalore – 560 001

Vs.

Respondent: State by High Grounds Police,

Represented by Public Prosecutor
Chief Metropolitan Magistrate
Bangalore

******
PETITION UNDER SECTION 438 OF THE CODE OF CRIMINAL
PROCEDURE, 1973

The Petitioner states as follows:-

1. The address of the petitioner for issuing notice, summons etc.,

from this Hon’ble Court is as stated in the cause title above and also
care of his Counsel, Sri.__________, Advocate, No._____, 2 nd Floor,
Prestige Complex, 6th Main Road, Gandhinagar, Bangalore – 560 009.

2. The address of the respondent for issuing notice, summons etc.,

from this Hon’ble Court is as stated in the cause title above.

3. The petitioner is working as a cashier in M/s. Essentials

Provision Supermarket. That the respondent police have registered an
FIR which is registered as Crime No. 119/2020 before the VIII Addl.
Chief Metropolitan Magistrate, Bangalore, for the alleged offences
punishable under section 354, 504 & 506 of IPC, on the complaint of
one Mr. Arjun. The gist of the complaint is that the complainant has
visited the Essentials Provision Supermarket along with his wife and
 2

two kids and sister-in- law at about 11.30 pm and that the petitioner
herein has demanded his sister-in-law the previous dues of the bill
amount, which was not paid by her and in the altercation the
complainant alleged that the petitioner has made derogatory remarks
against the said lady and abused and threatened and also outraged
the modesty of that lady.

4. That the averments made in the Complaint are not only false,
frivolous and vexatious but also made with a vengeance since the
complainant is having enormous influence over the Police. The
petitioner submits that no such incident has happened, per contra, it
is the complainant and his sister-in-law who have abused the
petitioner with filthy language and attempted to assault him taking
advantage of their position.

5. The petitioner is innocent of the alleged offence and is

permanent resident of Bangalore and law abiding citizen. The
petitioner has high respect and reputation and deep roots in the
society. The petitioner is married and is a sole earning member in
his family. Till date no case is registered as against the petitioner
and he does not have any criminal antecedents.

6. The respondent police are making hectic attempts to arrest

the petitioner. If the petitioner is arrested and detained in custody,
his image in the society will be tarnished and he will be put to
mental agony besides severe hardship and inconvenience.

7. The petitioner undertakes to face trial and appear before the

concerned magistrate on receipt of the summons or before the
Investigation Officer and shall co-operate with the Investigation of
the case, whenever required. The petitioner further undertakes that he
 3

will not hamper or tamper the prosecution witnesses or leave the

jurisdiction of this Hon’ble Court.

8. The petitioner undertakes to abide by all the terms and

conditions that may be imposed by this Hon’ble Court for granting
anticipatory bail. The petitioner is ready and willing to furnish valid
and solvent surety to the satisfaction of this Hon’ble Court.

9. The alleged offences are both bailable and non-bailable in

nature, but not punishable with death or imprisonment for life.

WHEREFORE, the petitioner most humbly prays that this

Hon’ble Court be pleased to pass an order granting anticipatory bail,
directing the respondent police to immediately release the
petitioner on bail in the event of his arrest by the Respondent police,
in the interest of justice and equity.

Bangalore.
Date: 02.10.2020 Advocate for Petitioner