BEFORE THE HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT MYSORE Cri.
Mis: Petitioner: /2012 Mehul Jain Aged about 26 years Owner: Mobile Connect Residing at D.No: 414/f , 26 Veene Shammanna Road , Near J.S.S Hospital, K.R.Mohalla , Mysore Vs Respondent: The Station House Officer Devaraja Police Station, Mysore Represented by: The Public Prosecutor Mysore PETITION FILED ON BEHALF OF THE PETITIONER U/S 438 OF CODE OF CRIMINAL PROCEDURE:
The Respondent Police have registered a case which is numbered as Cr.No: 200/10 dated 22/07/2010 against this petitioner and 7 others for offences punishable u/s 406 and 420 of I.P.C which is pending before the Honble III A.C.J (Sr.Dn) and CJM, Mysore as C.C: 196/2011. The Trial Court has issued a Non Bailable Warrant against this petitioner for non appearance before the Court. ------------------------------------------------------------------------------------FACTS OF THE CASE One Durgappa, resident of Devaraja Mohalla is said to have filed a complaint before Respondent Police alleging that this petitioner has misused his address proof and identity card which he had given it to the petitioner at the time of buying a New SIM card, based on this complaint the respondent police registered a F.I.R numbered 200/2010. The complainant Durgappa is said alleged to have given Photo and Voters Identification Card issued by the Election
Commission of India. After producing he is alleged to have taken SIM numbered 9686239778. It is alleged that the petitioner after taking photo and Identification card, he is said to have made several copies and distributed among other retailers who inturn issued SIM cards to several other customers using said photo and ID proof of Durgappa. This fact was made known to Durgappa by C.C.B, Mysore when they had come for investigation. The Petitioner had moved anticipatory bail application on earlier occasion, where the Honble Court was pleased to allow the application. The Petitioner after perusal of the First Information Report came to know that the Complaint was filed against World Connect which is situated in Devaraja Urs Road and owned by some other person but not on Mobile Connect, which is owned by this petitioner. Ever since then he has stopped selling SIM Cards in his shop. GROUNDS FOR BAIL 1. That the Petitioner has never received summons to his Shop address or residential address. The Petitioner is running his business for past several years and also day-to-day business is carried on his Shop. His Shop was never closed nor did he try to escape from the eye of law ever since he had obtained anticipatory bail. 2. That the petitioner was not aware of filing of Charge Sheet by the respondent police before the jurisdictional court. 3. That the petitioners absence before Trial Court is unintentional and is due to lack of notice. 4. That the petitioner is law abiding citizen who is carrying out business as per norms. 5. That the petitioner has been falsely implicated in this case, as he has never seen Complainant hence question of issuing SIM card does not arise at all.
6. That the complaint filed Durgappa is false and concocted as on bare perusal, initially the complaint was written against WORLD CONNECT but not against Media Connect. 7. That the petitioner would appear before the Trial Court on all dates of hearing without fail. 8. That the petitioner would not involve in tampering of evidence and witnesses. 9. That the Petitioner is ready and willing to abide by any of the conditions imposed by this Honble Court. Wherefore it is prayed that this Honble Court be pleased to allow this petition and enlarge the accused on bail on such terms and conditions as this Honble Court may deem fit in the facts and circumstances of the case in the interest of justice. MYSORE DATE: 03/02/2012 ADVOCATE FOR PETITIONER
