KABC010234762023
IN THE COURT OF LXVII ADDL CITY CIVIL AND
SESSIONS JUDGE; BENGALURU CITY (CCH.No.68)
PRESENT
SRI.KASHIM CHURIKHAN.
B.A., LL.M.
LXVII ADDL CITY CIVIL & SESSIONS JUDGE,
BENGALURU.
Dated this the 8th day of September 2023.
Crl.Misc.No.8515/2023
PETITIONERS :
1. Alexander @ Alex,
S/o.Babu,
21 years,
R/at.No.1058, 6th Cross,
R.K.Hegde Nagar,
Shivaram Karanth Nagar Post,
Bengaluru.
2. Mubarak,
S/o.Munnavar,
24 years,
R/at.No.1473,
Near Veeranjaneya Temple,
R.K.Hegde Nagar Post,
Bengaluru.
3. Vinod,
S/o.Kumar,
22 years,
R/at.No.1068,
Opp: Super Market,
6th Cross, Hegde Nagar,
Bengaluru.

Crl.Misc.No.8515/2023
2
4. Nazeer,
S/o.Syed Basha,
26 years,
R/of.10th Cross,
Near Alla Abujar Medicals,
Hegde Nagar,
Bengaluru.
(By Sri.B.G.S., Advocate)
.Vs.
RESPONDENT :
State by
Sampigehalli Police,
Bengaluru.
(By learned Public Prosecutor)
ORDER ON BAIL PETITION
This is bail petition under Section 439 of Cr.P.C., filed
by the learned counsel for the petitioners praying the
court to enlarge the petitioners on bail in Crime
No.305/2023 of the respondent-Sampigehalli Police
Station,
Bengaluru
registered
for
the
offences
punishable under Sections 399 and 402 of IPC, pending
on the file of learned VII Addl. C.M.M., Bengaluru.

2. Brief facts of the prosecution case are as under:
It is alleged that on 22.08.2023 at about 5-50 p.m.,
near AJBJ Ground, Neelagiri Thopu, Sampigealli Main
Road, within the limits of Sampigehalli Police Station,
Bengaluru, some persons were formed a group holding
deadly weapons in their hands and making preparation
to commit dacoity on the public, who were moving on
Crl.Misc.No.8515/2023
3
the road. The first informant with staff and panchas
rushed to the spot, apprehended the accused and
seized deadly weapons under mahazar and brought the
accused along with articles to the Police Station and
registered suo-moto case against the accused.
3.

The petitioners have been arrayed as accused
Nos.1 to 4. In the bail petition, the petitioners have
contended that they are innocents and have not
committed any offences. The petitioners have been
falsely implicated in this case. The petitioners have got
valid and tenable defense. The petitioners have never
committed or involved in the alleged crime either
directly or indirectly. There are no reasonable grounds
to believe that the petitioners are guilty of the alleged
offences. Except the informant and his staff, there are
no eye witnesses to say that the petitioners were
alleged to have been present at the spot with deadly
weapons. The respondent police have falsely implicated
the names of petitioners in this case only for statistical
purpose. The petitioners are in judicial custody since
the date of their arrest. If the petitioners are continued
to be detained behind the bars, their respective families
will be put to greater hardship.

The offences alleged
against the petitioners are not punishable with either
death or imprisonment for life. The petitioners hail from
respectable families, having deep roots in the society.
The petitioners have no any bad antecedents. The
Crl.Misc.No.8515/2023
4
petitioners are permanent residents of the address
shown in the cause title and hence, there is no chance
of their absconding. The petitioners are ready and
willing to abide the terms and conditions those going to
be imposed by this court and ready to furnish surety to
the satisfaction of the court, if they are enlarged on
bail. Hence, sought for allowing the bail petition.
4.

The learned Public Prosecutor has filed objections
and contended that the investigation is not yet
completed.

There are prima-facie materials as to the
commission of alleged offences. The petitioners have
not assigned any genuine reasons for granting bail. The
petitioners are habitual offenders and several cases are
registered against the petitioner Nos.1 and 3 in various
Police Stations.

At this stage, if the petitioners are
enlarged on bail, they may be threaten the prosecution
witnesses,
destroy
the
prosecution
evidence
and
hamper the investigation by fleeing away from justice
apart from perpetrating similar offences. Hence, sought
for rejection of the bail petition.
5.

Heard.

6.

The points raised for determination are as under:
1. Whether the petitioners have made
out sufficient grounds to enlarge
them on bail ?
2. What Order ?

Crl.Misc.No.8515/2023
5
7.

My findings to the above points are as under:
POINT No.1 : Affirmative,
POINT No.2 : As per the final order,
for the following:
REASONS
8.

POINT No.1 :
It is alleged by the prosecution
that on the alleged date, time and place, the petitioners
along with other accused, have formed a group holding
deadly weapons and making preparation to commit
dacoity. It is totally denied by the learned counsel for
the petitioners.
9.

It is submitted by the learned counsel for the
petitioners that the petitioners are innocents and have
not committed any offences. The petitioners have been
falsely implicated in this case. Prays to enlarge him on
bail.
10.
that
It is submitted by the learned Public Prosecutor
there
are
prima-facie
materials
against
the
petitioners in the commission of alleged offences. The
petitioners are habitual offenders involved in several
cases of various Police Stations. Prays to reject the bail
petition.
11.

The facts as to the petitioners along with other
accused had assembled and making preparation to
commit dacoity by holding deadly weapons are all to be
established in full fledged trial with authenticated
testimony of the prosecution witnesses. The petitioners
Crl.Misc.No.8515/2023
6
are in judicial custody since the date of their arrest.
Incarceration of the petitioners in judicial custody for
indefinite period till conclusion of trial does not serve
any purpose. The Investigating Officer has not stated as
to requirement of the petitioners for the purpose of
custodial interrogation. The offences alleged against the
petitioners are not punishable with either death or
imprisonment for life. The petitioners have undertaken
to abide the bail conditions and ready to furnish surety
for
their
due
appearance
before
the
court.

The
apprehension of prosecution could be dealt with by
imposing some conditions.

Hence, I answer the Point
No.1 in the Affirmative.
12.

POINT No.2 : In view of my findings on Point
No.1 as above, I proceed to pass the following :
ORDER
The bail petition filed by the learned counsel for the
petitioners under Section 439 of Cr.P.C, is hereby
allowed, subject to the following conditions:
1. The petitioners are ordered to be
enlarged on bail in Crime No.305/2023
of the respondent-Sampigehalli Police
Station, Bengaluru on executing their
personal
bond
for
a
sum
of
Rs.1,00,000/- each along with the
surety for like sum ;
2. The petitioners shall appear before the
Investigating Officer as and when
Crl.Misc.No.8515/2023
7
required
for
investigation ;
the
purpose
of
3. The petitioners shall not tamper with
the prosecution witnesses ;
4. The petitioners shall appear before the
trial court on all the hearing dates ;
5. The petitioners shall not indulge in
committing any offences.
(Dictated to the Judgment-writer on computer, corrected, signed and then
pronounced by me in the open court on this 8th day of September 2023)
(KASHIM CHURIKHAN)
LXVII Addl.City Civil & Sessions Judge,
BENGALURU.