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Crl.Misc.No.8032/2023
IN THE COURT OF LXIX ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE (CCH 70)
Present:
Sri. Balagopalakrishna,
C/c of 69th Addl. City Civil and Sessions
Judge, City Civil Court, (CCH 70).

Dated this the 19 th day of September, 2023
Crl.Misc.No.8032/2023
Petitioner :
Bharath S @ Bablu
s/o Subramani
aged about 25 years,
r/at No. 39, 1st cross,
near Lutheran Church
P.F road, Ambedkar nagar,
Sheshadripuram,
Bengaluru 560 020.
(By Sri.Anil Kumar K.R, Advocate)
Vs.

Respondent
:
State of Karnataka
By Srirampura P.S.
Bengaluru.
(By Public Prosecutor)
ORDER ON BAIL PETITION FILED
U/SEC. 439 OF CR.P.C.
This petition is filed by the petitioner u/sec. 439 of
Cr.P.C. praying to grant
110/2023 of
regular bail
to him in Cr. No.

Srirampura P.S.for the offence punishable
u/sec. 143, 147, 148, 341, 323, 324, 307, 504 r/w 149
IPC.

of
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Crl.Misc.No.8032/2023
2. It is stated in the petition that the respondent police
have registered Cr. No. 110/2023 against the petitioner
alleging the offence punishable u/sec. 143, 147, 148, 341,
323, 324, 307, 504 r/w 149
of IPC on the basis of the
information given by one Gopi. It is further stated in the
petition that the petitioner is innocent and he has not
committed any offence as alleged by the police. He is falsely
implicated
with
malafide
intention.

The
custodial
interrogation of the petitioner is not required. There is no
motive or intention to assault the injured. On the previous
grudge the complainant has lodged complaint, there is no
eye witness to show that the petitioner assaulted the
injured.

The
remand
application
shows
that
further
custodial interrogation of the petitioner is no more required.
The petitioner is not at all present at the time of incident.
The petitioner is the permanent resident of address
mentioned in the cause title and he is coming from
respectable family and he has no bad antecedents
or
previously convicted and there is no case pending against
him. The petitioner is ready to abide by any of the terms
and conditions that may be imposed by the court for his
enlargement on bail. The petitioner is ready and willing to
offer surety to the satisfaction of the court. Hence prayed to
allow the petition.
3. The learned Prosecutor has filed objections to the
petition alongwith report by opposing the grant of regular
bail to the petitioner on the ground that the offence alleged
to have been committed by the are grave in nature
by
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Crl.Misc.No.8032/2023
assaulting the injured and caused injuries. It is further
stated in the objection that the accused has attacked and
assaulted the victim with stone. It is further stated that the
investigation is in progress, if the petitioner is enlarged on
bail he may commit similar offence in future. He is further
stated that if the petitioner is enlarged on bail it would be
difficult to secure his presence for investigation. With all
these grounds amongst others learned PP has prayed to
reject the petition filed by the petitioner.
4. Heard the arguments of
learned P.P. and also
counsel for the petitioner. Perused the petition, objection
and other material on record.
5. The following
points
would arise for my
consideration are as under:
1. Whether the petitioner has made out
grounds to grant regular bail u/sec.
439 of Cr.P.C.?
2. What order?
6. On the basis of the evidence available on record my
finding on the above points are as under:
i. Point No.1:
ii. Point No.2:
In the affirmative.
As per final order on the following
REASONS
7. The petitioner has filed present petition praying to
grant
regular
bail
to
him
in
Cr. No.

110/2023
of
Srirampura P.S.for the offences punishable u/sec. 143, 147,
148, 341, 323, 324, 307, 504 r/w 149 of
IPC. The said
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Crl.Misc.No.8032/2023
crime was registered by the police on the basis of the
information given by Gopi . The petitioner has produced the
certified copy of the FIR, complaint and other documents. It
is stated in the complaint
that all the victims and the
accused are the neighbors and on 6.8.2023
there was
quarrel between the accused and the complainant with
regard to rain water, Vasanthi, Kannagi, Nandini, Selvi have
assaulted
Manjula on hands and
Manjula sustained
bleeding injuries, at that time the complainant, Sunil,
Rakesh, Vishwa and others have questioned the same, at
that
time
the
accused
Bharath,
Vijay,
Saravana,
Krishnamurthy @ moosa went near Ambedkar nagar, near
Mariyamma temple and abused them in filthy language and
assaulted the
victims with stone and caused bleeding
injuries. All the victims
complaint
against
took treatment and given the
accused.

During
investigation
this
accused was arrested.
8. On going through the material on record the FIR is
registered against the petitioner herein for the offences p/
u/Sec .143, 147, 148, 341, 323, 324, 307, 504 r/w 149
IPC. It is alleged that the accused have assaulted the
complainant and others and caused injuries and attempted to
kill them during quarrel. The complainant and all the injured
took treatment for the injuries sustained. Petitioner submits he
is innocent of the offences alleged, he has got valid and tenable
defense,he submits he is in JC since from the date of his arrest,
if he is not released on bail he would be put to hardship as he is
the only earning member of his family. As such
he may be
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Crl.Misc.No.8032/2023
released on bail.
9. Learned P.P argues the bail petition filed by the
petitioner is unsustainable, the accused have assaulted the
complainant on vital part of the body and attempted to
commit murder. if accused is released on bail he will
commit the offence again. Accordingly seeks dismissal of the
bail petition.
10. On going through the material on record
, it is
gathered that in respect of rain water the quarrel took place
among
victims
and
the
accused.

As
per
complaint
averments accused assaulted the victims. The learned
counsel for petitioner has produced the letter of Mallige
Hospital, which shows that the victim Sunil was admitted to
hospital with the history of assault on 7.8.2023 and after
taking treatment discharged on 10.8.2023.

Whether the
accused have committed the offence as alleged by the
complainant has to be determined at the time of trial. The
letter of the Mallige Hospital shows that, there is no threat
to the life of the complainant.
11. The Hon`ble Supreme Court of India in State of
Rajasthan , Jaipur vs. Balchand @ Baliay in AIR 1977 SCC
2447 and in many cases has pleased to held that bail is a
rule and jail is an exception, is the legal doctrine is laid
down to safeguard the fundamental right guaranteed under
Article 21 of Constitution of India, granting right to live and
liberty. There are no sufficient exception reasons to keep the
petitioner in JC by rejecting the bail application. Further,
the Petitioner has submitted that he is a permanent
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Crl.Misc.No.8032/2023
resident of address shown in the cause title. He is ready to
abide by all the terms and conditions
if petitioner is
released by this court. His presence can be secured easily at
the time of trial. Presence of this accused is not necessary
for investigation. Accused is ready to furnish surety for his
appearance.

The apprehension of the Prosecution can be
met by imposing conditions. Considering the above facts
and circumstances of the case, it is fit case to grant bail.
Hence the Petitioner deserves for bail.
12. Point No.2:
For the aforesaid reasons and
discussion, I proceed to pass the following;
ORDER
Bail petition filed under Sec. 439 of Cr.P.C. by
the Petitioner is allowed.
Petitioner is ordered to be released on
regular
bail in Cr. No.110/2023 on executing his personal
bond for Rs.1,00,000/-, with one
surety for the
likesum on the following conditions.
1. The Petitioner shall not tamper with the Prosecution
witnesses
either directly or indirectly in
any
manner.
2. He shall appear before the IO as and when required
and he shall appear before court regularly.
3. He shall not abscond from the residence and he
should furnish the address proof to the concerned
police.
4. He shall not involve in any kind of offence.
5. He shall mark his attendance in the respondent
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Crl.Misc.No.8032/2023
police station between 10.00 am and 6.00 pm once
in 15 days till filing of the charge sheet.
He is ordered to be released on bail if
his custody
does not required in any other case.
(Dictated to the JW, transcript thereof is corrected, signed
and then pronounced by me in open court on this the 19 th
day of September, 2023)
(Balagopalakrishna)
c/c of 69th Addl. City Civil and Sessions
Judge,City Civil Court, Bangalore.