KABC010224472023
IN THE COURT OF THE LXIII ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-64) AT BENGALURU
Dated this the 2nd day of September 2023
: PRESENT :
Sri.A.V.Patil, B.Com., LL.B.,
LXIII ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
CRIMINAL MISCELLANEOUS NO.8146/2023
PETITIONERS
: 1.

2.

Asif
S/o Vajeer,
Aged about 23 years,
Residing at No.11,
Behind Golden Grand
Apartment, Sanjayanagar,
Yeshwanthapura, Bengaluru.
(Accused No.1)
Suman
S/o Late.Subramani,
Aged about 26 years,
Residing at No.14,
Sanjayagandhi, Pipeline Road,
Yeshwanthapura, Bengaluru.
(Accused No.3)
(By Sri.Venkateshappa,
Advocate)
– Vs –
2
RESPONDENT :
Crl.Misc.No.8146/2023
State by RMC Yard Police
Station, Bengaluru.
(By Public Prosecutor)
ORDER ON BAIL APPLICATION FILED U/S 439 OF
Cr.P.C.

The petitioners/accused No.1 and 3 have filed the
petition u/s 439 of Cr.P.C. seeking regular bail in RMC
Yard Police Station Crime No.148/2023 for the offences
punishable u/s 341, 323, 504, 506, 307 r/w 34 of IPC.
2.

It is stated in the bail application that the
petitioners are innocents and have not committed any
offences as alleged in the complaint. In the complaint
and FIR it is clearly mentioned as three unknown
persons, but the Police have falsely implicated them in
the case. The complainant is out of danger and he has
not admitted in the Hospital. It clearly indicates that
the ingredients of Sec.307 of IPC does not attract
against the petitioners. There is no danger to the life of
the injured. In the complaint it is clearly stated that
they have assaulted on ear, it is not a vital part,
moreover the complainant already discharged from the
Hospital. The injured has got simple injuries. There
are no eye-witnesses to the incident. Since the arrest
of the petitioners, they are in judicial custody.

They
are taking care of their old age parents. They are the
permanent residents of the address mentioned in the
3
Crl.Misc.No.8146/2023
cause title. The offences alleged are not punishable
with death or imprisonment for life. The petitioners are
ready to abide by the conditions to be imposed by this
Court while granting bail. Among other grounds they
prayed to allow the petition.
3.

The learned P.P. has opposed the bail application
by filing the objections statement. According to him,
the materials collected during the investigation prima
facie disclose that the petitioners have committed the
offences alleged against them. Hence, prayed to dismiss
the bail petition filed by the petitioners.
4.

Heard the arguments from learned Counsel for
petitioners and learned Public Prosecutor. Perused the
material placed on record.
5.

The points that arise for my consideration are:1. Whether the petitioners are entitled for
regular bail as prayed in the application
filed u/s 439 of Cr.P.C.?
2. What order?

6.

My answer to the above points are as follows:Point No.1: in the affirmative,
Point No.2: As per final order for the following;
REASONS
7.
the
Point No.1:- Sri.Kemparaju S/o Thomas lodged
complaint
against
5
accused
persons
on
18.08.2023 before the respondent/Police alleging that
4
Crl.Misc.No.8146/2023
on 17.08.2023 at about 10.30 p.m., the complainant
was sitting by the side of the road near NPS School
along with his friend, at that time accused No.2 was
shouting in high voice and he questioned as to why he
was shouting. In response to it, he abused the
complainant in filthy language and went away.
sometime,
he
returned
back
and
informed
After
the
complainant that the accused No.1/petitioner No.1
wants to talk and handed-over the phone and he
enquired where is the complainant.

After sometime,
the accused No.1/petitioner No.1 along with his friends
accused No.3 and 4 came near his place on Deo vehicle
and
abruptly
abused
the
complainant
in
filthy
language, with an intention to kill the complainant,
accused No.2 caught-hold the complainant. Accused
No.1 assaulted on his right ear with Dagger and
caused bleeding injury and all the 5 accused together
assaulted him seriously and threatened with dire
consequences.

Thereafter, he went to K.C.General
Hospital, took treatment and filed complaint. On the
basis
of
the
complaint,
the
respondent/Police
registered the case against the petitioners and others
for the aforesaid offences. Petitioner No.1 and 2 are
shown as accused No.1 and 3 in the FIR.
8.

At the outset, it is material to note that except
5
Crl.Misc.No.8146/2023
offence punishable u/s 307 of IPC all other offences are
bailable in nature. Though Sec.307 of IPC is non
bailable in nature, is not punishable with death
imprisonment. The injured/complainant after taking
treatment in the hospital lodged the complaint. It
means the life of the injured is out of danger. Bail is
rule
and
jail
is
exception.

The
petitioners is yet to be proved.

involvement
of
The truth is to be
ascertained during the course of trial. The petitioner is
ready to furnish surety and ready to abide by the
conditions that may be imposed by this Court while
passing
the
order.

Continuous
detention
of
the
petitioner behind bar would lead to a circumstance
wherein the petitioner may come in contact with
criminals in jail. Petitioners are in Judicial Custody
from 18.08.2023. There is no need of custodial trial of
the petitioners. Taking into note of the factual aspects
of the case, considering the gravity of the offences
alleged,
punishment
prescribed
for
them,
if
the
petitioners are released on bail by imposing stringent
conditions, it will meet the ends of justice. With these
observations, I answer point No.1 in the affirmative.
9.

Point No.2:- In view of my findings on point No.1,
I proceed to pass the following;
6
Crl.Misc.No.8146/2023
ORDER
The regular bail petition filed by petitioners
u/s 439 of Cr.P.C. is hereby allowed.
The petitioners are ordered to release on
bail in Crime No.148/2023 of respondent/Police
Station for the offences punishable u/s 341,
323, 504, 506, 307 r/w 34 of IPC, on executing
their personal bond for Rs.70,000/- each with
one surety for like sum to the satisfaction of the
learned IX ACMM, Bengaluru, on the following
conditions:1. Petitioners shall not tamper with the
prosecution witnesses.
2. Petitioners shall not commit similar
offences.
3. Petitioners shall appear before the
Magistrate Court and Sessions
Court regularly as and called for.
4. Petitioners shall furnish the attested
copy of the Adhaar cards and proof
of permanent address.
(Dictated to the Judgment Writer directly on Computer, typed
by her, taken print out, corrected by me and then pronounced in
the open Court on this the 2nd day of September 2023)
(A.V.PATIL)
LXIII Addl. City Civil and Sessions
Judge (CCH-64), Bengaluru