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Crl.Misc. No.7955/2023
KABC010219802023
IN THE COURT OF THE LX ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU (CCH-61)
:PRESENT:
Sri Narashimsa M.V., B.Com., LL.B.,
LX Addl. City Civil & Sessions Judge, Bengaluru City.
Dated this the 2 nd day of September, 2023.
Crl.Misc.No. 7955 /2023
PETITIONER:-
Amuliya Gogai (A-1)
S/o Magadh Gogai
Aged about 37 years,
R/at No. 03671
1st Main Road, Lakshmipura Cross
Vidyaranyapura Post
Bangalore North Bangalore.
Permanent Address:
Dhuponi Bhargoun Village
Sadia P.S., Sadia Sub-Division
Tinsukiya District
Assam State Ц 786 155
(Rep by Sri R R – Adv)
-VS-
RESPONDENT:-
The State of Karnataka
By: Yelahanka New Town Police Station,
Bengaluru.
(By Public Prosecutor)
ORDER
Accused No.1 in Yelahanka New Town Police station Crime
No.236/2021 has filed this bail application under Sec.439 of Cr.P.C.

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for the offence punishable under Section 307 of IPC.
2.

Brief facts of the case as forthcoming from the bail
petition are as under:On 13.10.2021 at 9.30 pm the petitioner picked up quarrel with
the complainant in respect of usage of slippers at bathroom and
assaulted the complainant with a chopper on his head with an
intention to commit murder of complainant. First information came to
be lodged against petitioner/ accused, it was registered for the
offence punishable u/S 307 of IPC.
3. The grounds urged in this petition are as under:Petitioner is in custody since the date of his arrest and trial has
commenced and further custodial interrogation of petitioner may not
be required, the material witness CW1 has been dropped and
question of tampering of said witness does not arise, the principle of
Res Judicata does not apply in matter deciding for bail, he is ready
and willing to offer surety for the satisfaction of this court, if deems
fit to enlarge him on bail Hence prayed for grant of anticipatory bail.
4.

Leaned Public Prosecutor has filed objections to bail
application. In objections, averments made in the first information
are reiterated.

Further, it is stated that accused No.1 does not
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deserve to be enlarged on bail, if he is enlarged on bail, there is
every possibility of he absconding from the jurisdiction of the Court,
he will threaten the witnesses and destruct the evidence. Hence,
prayed for rejection of bail application. It is stated that accused
No.1 has committed heinous offences and he should not be granted
bail.
5. Heard the learned Advocate for petitioner and the learned
Public Prosecutor.
6.

The point that arises for my consideration is :
1.

7.

Whether bail application filed under
Sec.439 of Cr.P.C. by accused No.1
deserves to be allowed?

My finding to the above point is in the Negative, for the
following:REASONS
8. Point No.1:- Along with this bail application, certified
copy of FIR, charge sheet and its annexures are produced.
Copies of orders passed in Crl. Misc No. 9130/2021 is filed.
9. This is the second bail application filed by A-1, Accused is
alleged to have committed offence u/S 307 of IPC. Charge sheet
has been filed on 15.11.2021. Crl. Misc No. 9130/2021 filed by
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Crl.Misc. No.7955/2023
accused u/S 439 of Cr.P.C. was rejected on 12.11.2021. After
filing of charge sheet present bail application has been filed.
Perusal of the charge sheet discloses that trial has commenced,
several witnesses have been examined.
resident of Assam.

A-1 is permanent
Trial is at the fag end, for identification
purpose by Investigating Officer and other witnesses presence of
accused is necessary, there is every possibility of accused
absconding from the jurisdiction of this Court and trial will come
to a stand still. Further, there is possibility of threatening
of
witnesses as well, Hence, I answer above point in the Negative
and proceed to pass the following:
ORDER
Bail application filed under Section 439 of Cr.P.C.
by Petitioner/Accused No.1 in Yelahanka New Town
P.S. crime No. 236/2021 (SC No. 1555/2021is
hereby rejected.
(Dictated to the Stenographer, transcribed and typed by him, after corrections,
pronounced by me in the Open Court on this the 2 nd day of September, 2023).

(NARASHIMSA.M.V.)
LX Addl. City Civil & Sessions Judge,
Bengaluru.