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Crl.Misc.No.511/2023
IN THE COURT OF LV ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU (CCC-56)
: Present :
Sri. SHRIRAM NARAYAN HEGDE,
B.A., LL.M.,
LV Addl. City Civil and Sessions Judge,
Bengaluru.
DATED: THIS THE 23RD DAY OF JANUARY 2023
Crl.Misc. No.511/ 2023
PETITIONERS
1. ABDUL RAHAMAN
S/O ABDUL RAFIX
AGEDA BOUT 22 YEARS,
RESIDINGA T NO. 18/1, 4TH CROSS,
NEAR MEENA MASZID,
MATTADAHALLI .R.T. NAGAR,
BENGALURU Ц 560 032.
2. ABDUL WAHAB
S/O ABDUL RAFIK,
AGED ABOUT 21 YEARS,
RESIDINGA T NO. 18/1, 4TH CROSS,
NEAR MEENA MASZID,
MATTADAHALLI .R.T. NAGAR,
BENGALURU Ц 560 032.

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Crl.Misc.No.511/2023
3. MOHAMMED SHAHANNAN
S/O MOHAMED ARIF
AGD ABOUT 22 YEARS,
RESIDINGA T NO. 18/1, 4TH CROSS,
NEAR MEENA MASZID,
MATTADAHALLI .R.T. NAGAR,
BENGALURU Ц 560 032.
(Rep. By Sri.R.L.Basur., Adv.)
VERSUS
RESPONDENT
THE STATE OF KARNATAKA Ц
BY R.T. NAGAR PS, BENGALURU.
(Rep. by Public Prosecutor)
ORDER
The petitioner
/ accused No.1 to 3 have filed this
petition u/S. 439 of Cr.P.C. seeking for an order of bail.
2.

On the complaint filed by one Sri.Sayed Fazeel S/o
Sayed Shafi, a case is registered against the accused
at
respondent police station in Cr.No.20/2023 for the offence
punishable u/S. 323, 324, 506, 504 r/w S.34 of IPC.
Subsequently, S. 307 of IPC and S.25 (1)(B)(b) of Arms Act
are added.
3.

The case of the prosecution in brief are that,
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Crl.Misc.No.511/2023
06.01.2023 the complainant, his wife and mother-law went
to the house of Abdul Rafik to discuss about the property
and earlier cases at about 5-15 p.m. during that time, this
accused in furtherance of their common intention abused
the complainant in a filthy language, assaulted him
by
their hands and then accuse No.1 assaulted on his head
with a long and caused bleeding injuries. Then they gave
threat and went away. Then the complainant went to the
hospital and after taking treatment
station
and
filed
the
aforesaid
went to the police
complaint.

Now
the
investigation is going on. During the investigation these
accused are arrested and now they are in JC.

4.

Now these petitioners are contending that they
are
innocent persons and not committed any offence. They are
falsely implicated in this case. The complainant himself had
come to the house of the petitioners for quarrel and he
assaulted these petitioners and ran away from that place
and went inside Meena Maszid for protection. Then on the
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Crl.Misc.No.511/2023
influence of Masjid persons false complaint is registered.
The injuries are simple in nature. Initially Section 307 of IPC
was not included.
included later.

With an ulterior motive that section is
The respondent police have refused to
register the complaint filed by these petitioners.

Earlier
there was quarrel between the parties. During the time
these petitioners have complaint in Cr.No.111/2022. As a
counter-blast this case is filed. These petitioners are ready
to abide by the conditions that may be imposed by this
court. The petitioner No.1 is a student and petitioner No.2
has appeared for PSI examination.

Only to spoil their
future, they are falsely implicated. Hence, prayed to allow
the petition.
5.

Learned Public Prosecutor has contested this petition
by filing
detailed objections reiterating the case of
prosecution and further contended that there is prima facie
case against the petitioners.

If they are enlarged on bail,
they may tamper with prosecution witnesses or they may
abscond. Hence, prayed to reject the bail application.

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Crl.Misc.No.511/2023
6.

Heard arguments and perused the records.

7.

Now the point for determination is as follows.
УWhether the petitioner / accused No.1 to 3 have
made out sufficient grounds to grant bail by resorting
to special powers vested in this Court under Section
439 of Cr.P.C.?Ф
8.

On the basis of the materials available on record my
finding to the above point is in the AFFIRMATIVE for the
following.
REASONS
9.

I have gone through the entire materials available on
record.

According to the complainant these petitioners
assaulted him by their hands and long and caused bleeding
injuries. Initially the complaint was filed only for the
offences punishable u/Ss. 323, 324, 504, 506 r/w S.34 of
IPC. Subsequently S.307 of IPC and Ss. 25 (1)(B)(b) of Arms
Act are included. The complainant is not admitted to the
hospital. He took treatment as outpatient.

Admittedly,
there is counter complaint in Cr.No.111/2022. Even though
the
alleged
offences
are
non-bailable,
they
are
not
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Crl.Misc.No.511/2023
punishable with death or imprisonment for life.

These
petitioners are ready to abide by the conditions that may be
imposed by this court.

They are permanent resident of
addresses mentioned in the cause title.

They are very
young aged between 21 and 22 years.

Such being the
case, the apprehension of the prosecution can be met with
by imposing reasonable conditions. Hence, the above point
is answered in the AFFIRMATIVE and proceed to pass the
following.
ORDER
Bail petition filed by the petitioners / accused No.1 to
3 under Section 439 of Cr.P.C. is hereby ALLOWED.
The petitioners / accused No. 1 to 3 shall be released
on bail in Cr.No.300/2022 of respondent police station on
they executing personal bond in a sum of Rs.50,000/- each
with one surety for likesum, on the following conditions.
1.

The petitioners / accused No.1 to 3 shall not tamper
with prosecution witnesses in any manner.

2.

They shall co-operate with investigating Officer as and
when called for investigation.

3.

They shall not commit similar offences.

4.

They shall mark their attendance in the respondent
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Crl.Misc.No.511/2023
police station on first Sunday of each month between
11-00 a.m. and 5-00 p.m. till filing of final report.
(Dictated to the Judgment Writer, transcribed by him and
corrected by me and then pronounced in the open court on
this the 23rd day of JANUARY 2023)
(SHRIRAM NARAYAN HEGDE),
LV Addl. City Civil & Sessions Judge,
Bengaluru. (CCH-56)
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Crl.Misc.No.511/2023
Order passed and pronounced in the open court
(vide separate order). The operative portion of the
order reads thus:
ORDER
Bail petition filed by the petitioners /
accused No.1 to 3 under Section 439 of
Cr.P.C. is hereby ALLOWED.
The petitioners / accused No. 1 to 3
shall be released on bail in Cr.No.300/2022
of respondent police station on they
executing personal bond in a sum of
Rs.50,000/- each with one surety for
likesum, on the following conditions.
1.
The petitioners / accused No.1 to 3
shall not tamper with prosecution witnesses
in any manner.
2.
They
shall
co-operate
with
investigating Officer as and when called for
investigation.
3.
They shall not commit similar
offences.
4.
They shall mark their attendance in
the respondent police station on first
Sunday of each month between 11-00 a.m.
and 5-00 p.m. till filing of final report.

LV ACC&SJ, Bangalore (CCH-56)