Crl.Misc. No.6030/2022
KABC010161822022
IN THE COURT OF THE LXI ADDL. CITY CIVIL,
SESSIONS JUDGE: BENGALURU CITY
Dated this the 1 st day of July, 2022
-: PRESENT :Sri R.RAVI, B.Sc., LL.B.,
LXI Addl. City Civil & Sessions Judge,
Bangalore, (CCH-62)
CRL. MISC. No.6030/2022
Petitioner/s
:
1
Ajith Kumar
S/o.K.Ramesh
Aged about 24 years
R/o.38, 5th Main
Bengaluru Main Road
Dwarakanagara
Yelahanka,
Bengaluru -560 064
(Accused No.3)
(By Sri.Meenkashi.B.R., Adv.,)
V/s
Respondent
:
State by Yelahanka P.S.,
Bengaluru City
Crl.Misc. No.6030/2022
Rep. by Public Prosecutor, City
Civil Court Complex, Bengaluru.
ORDERS ON BAIL APPLICATION ONE FILED BY THE
PETITIONER UNDER SECTION 439 OF Cr.P.C.
The case of the petitioner is that he is innocent of
commission of offences alleged and he has been falsely
implicated in the instant case and the alleged offences are not
punishable with death or imprisonment for life and he is sole
bread earning member of his family consisting of old aged
parents and he is a law abiding citizen and he is permanent
resident of Bengaluru and as such he will not abscond or
delay the proceedings and he is ready and willing to abide by
all conditions that may be imposed by this Court & he is also
ready to offer surety to the satisfaction of the court for his
release on bail and since the respondent police
have
registered a false case in Cr. No.137/2022 for the offences
punishable under Section 397, 504 & 506 of IPC then he
prayed for allowing the above application.

2. On the other hand the learned Public Prosecutor has
filed his objections & opposed the above application that the
grounds urged for seeking bail are not satisfactory & still the
matter is under investigation & now at this stage if
the
petitioner is granted bail then he may abscond & tamper the
prosecution witnesses which in turn may hamper the trial &
Crl.Misc. No.6030/2022
accordingly prayed for rejection of the bail petition.

3. I have heard the arguments of both sides & the points
that would arise for my consideration are as here under;
1) Whether the petitioner has made
out a prima-facie case for grant of bail
as prayed in the bail petition?
2) To what Order?

4. My findings on the above points are as follows:Point No.1 – In Affirmative
Point No.2 – As per final Order, for the following;
R E A SON S
5. Point No.1:- On perusal of the FIR & complaint it is
alleged against the petitioner that he along with other
accused persons on 28.05.2022 at about 10.30 p.m., came in
a swift car and scolded the complainant and Gautam,
Engineer who were
doing repair work and demanded
Rs.5,000/- and when they told that they don’t have amount
except Rs.100/- then hearing the same petitioner slapped
Gautam and caused injury on his neck and scolded in slang
language and as a result of which Gautam fell down with
injuries then the petitioner along with other accused persons
had taken machine worth Rs.25,000/- and cash of Rs.900/-
Crl.Misc. No.6030/2022
and thereby committed the alleged offences punishable under
section 397, 504 & 506 of IPC.

6. Now, it is the contention of the petitioner that he is
innocent and he has not committed any offences as alleged
and his name does not appear either in the FIR nor in the
complaint and he has been falsely implicated in the instant
case.

7. On the other hand though the prosecution has
opposed the case of the petitioner that the alleged offences
against the petitioner is a heinous one and thus if the
petitioner is granted bail then he may abscond and tamper
the prosecution witnesses is concerned, the same do not
holds water as the petitioner is in judicial custody from the
day of is arrest and more over the copy of the Aadhar card
one produced by the petitioner discloses that he is permanent
resident of Bengaluru and his presence can be secured easily
before the court.

8. And more over since the alleged offences under
section 397, 504 & 506 of IPC are not at all punishable with
death or life imprisonment and since the alleged offences
against the petitioner has to be decided through a thorough
trial and since the apprehension of the prosecution could be
Crl.Misc. No.6030/2022
met by imposing stringent conditions then looking into the
nature and gravity of the alleged offences, I am of the
considered opinion that the petitioner has made out a primafacie case for grant of bail subject to conditions and
accordingly, I have answered the above point No.1 in
affirmative.

9.

Point No.2 :- In view of the discussion made on
point No.1 and further holding it in the affirmative, I proceed
to pass the following:O R DE R
The bail petition filed by the petitioner
u/s 439 of Cr.P.C., is hereby allowed subject
to following conditions;
1. That the petitioner is ordered to be
released on bail in Cr. No.137/2022
on
executing a personal bond for Rs.1,00,000/with one surety for like sum amount.
2. That the petitioner shall not hold any
threat to the complainant and shall not
tamper with any of the prosecution witnesses
directly or indirectly.
3. That the petitioner shall appear before
the I.O. within 30 days from the date of this
Crl.Misc. No.6030/2022
order and shall co-operate in the matter of
investigation or whenever called by the I.O.
4. That the petitioner shall mark his
attendance once in a month on every 2nd
Saturday
till
the
final
report
is
filed.

Attendance
5. That the petitioner shall not leave the
jurisdiction
of
the
court
without
prior
permission
6. That the petitioner shall furnish his
residential address proof and that of his
surety.
7. That the petitioner shall not indulge in
similar type of offences in future.
8. That the petitioner shall appear before
the session court on all hearing dates.
9. That if the petitioner fails to obey any
of the above said conditions, then this bail
order automatically stands cancelled.
(Dictated to the Stenographer directly on the computer, corrected, signed and then pronounced by
me in the open Court on this the 1st day of July, 2022).

(R.RAVI)
LXI ACC & SJ, BТluru
Crl.Misc. No.6030/2022
01.07.2022
P-MBR
R-PP
Order
Order pronounced in open Court (vide separate
order) with the following operative portion:ORDER
The bail petition filed by the
petitioner u/s 439 of Cr.P.C., is
hereby allowed subject to following
conditions;
1. That the petitioner is ordered
to
be
released
on
bail
in
Cr.

No.137/2022 on executing a personal
bond
for
Rs.1,00,000/-
with
one
surety for like sum amount.
2. That the petitioner shall not
hold any threat to the complainant and
shall not tamper with any of the
prosecution
witnesses
directly
or
indirectly.
3.

That
the
petitioner
shall
appear before the I.O. within 30 days
from the date of this order and shall
co-operate
in
the
matter
of
investigation or whenever called by the
Crl.Misc. No.6030/2022
I.O.
4. That the petitioner shall mark
his attendance once in a month on
every 2nd Saturday till the final report
is filed. Attendance
5. That the petitioner shall not
leave the jurisdiction of the court
without prior permission
6.

That
the
petitioner
shall
furnish his residential address proof
and that of his surety.
7. That the petitioner shall not
indulge in similar type of offences in
future.
8.

That
the
petitioner
shall
appear before the session court on all
hearing dates.
9. That if the petitioner fails to
obey any of the above said conditions,
then
this
bail
order
automatically
stands cancelled.
(R.RAVI)
LXI ACC & SJ, BТluru
Crl.Misc. No.6030/2022
Crl.Misc. No.6030/2022
Crl.Misc. No.6030/2022
06.01.2022
P-PRB
R-PP
Order
Order pronounced in open Court (vide separate
order) with the following operative portion:ORDER
The bail petition filed by the
petitioner u/s 439 of Cr.P.C., is
hereby allowed subject to following
conditions;
1. That the petitioner is ordered
to
be
released
No.170/2020)
on
bail
in
(Cr.

C.C.No.1287/2021
pending before IX ACMM, Bengaluru
on executing a personal bond for
Rs.1,00,000/- with one surety for like
sum amount.
2. That the petitioner shall not
hold any threat to the complainant and
shall not tamper with any of the
prosecution
witnesses
directly
or
indirectly.
3. That the petitioner shall not
leave the jurisdiction of the court
without prior permission
Crl.Misc. No.6030/2022
4.

That
the
petitioner
shall
furnish his residential address proof
and that of his surety.
5. That the petitioner shall not
indulge in similar type of offences in
future.
6.

That
the
petitioner
shall
appear before the trial court regularly
without fail on receipt of the summons.
7. That if the petitioner fails to
obey any of the above said conditions,
then
this
bail
order
automatically
stands cancelled.
(R.RAVI)
LXI ACC & SJ, BТluru
Crl.Misc. No.6030/2022
Crl.Misc. No.6030/2022