13
Crl. Misc. No.8223/2023
KABC010226362023
IN THE COURT OF THE LXI ADDL. CITY CIVIL,
SESSIONS JUDGE: BENGALURU CITY
Dated this the 29 th day of August 2023
-: PRESENT :Sri R.RAVI, B.Sc., LL.B.,
LXI Addl. City Civil & Sessions Judge,
Bangalore, (CCH-62)
CRL. MISC. No.8223/2023
Petitioner/s
:
1
Bhargav.R
S/o.Rajesh Babu
Aged about 23 years
R/a.No.109
Muktha Building
8th main Road
18th Cross
Malleshwaram
Bengaluru-560 003.
(Accused No.1)
2
Sai Shashwath
S/o.Narasimhamurthy
Aged about 21 years
R/a.No.13th Cross
Vyalikaval,
Bengaluru-560 003.

13
Crl. Misc. No.8223/2023
(Accused No.2)
3
Harshavardhan
S/o.Mahadev
Aged about 20 years
R/a.No.330
13th Cross
Malleshwaram
Bengaluru-560 003.
(Accused No.3)
(By Sri.H.K.C.R., Advocate)
V/s
Respondent
:
State by Vyalikaval P.S.,
Bengaluru City
Rep. by Public Prosecutor, City
Civil Court Complex, Bengaluru.

ORDER ON BAIL APPLICATION ONE FILED BY THE
PETITIONERS UNDER SECTION 439 OF Cr.P.C.
The case of the petitioners is that they are innocent of
the alleged offences and at no point of time they had involved
in the alleged crime either directly or indirectly but they have
been falsely implicated in the instant case by the respondent
police and they are totally strangers to the alleged incident
and they all are of young aged persons and there is no
specific overt act attributed against them and they are doing
coolie and they are sole bread winner of their family having
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Crl. Misc. No.8223/2023
aged parents to look after who are totally depending upon
them for their livelihood and they are ready and willing to
abide by the terms and conditions that may be imposed by
this court and they are also ready to offer surety to the
satisfaction of the court
and since the respondent police
have registered a false case in Cr. No.117/2023 for the
offences punishable under Section 399 & 402 of IPC then
they prayed for allowing the above application.

2. On the other hand the learned Public Prosecutor has
filed his objections along with the report the I.O. & opposed
the above application that the grounds urged for seeking bail
are not satisfactory & the materials placed on record primafacie
discloses
the
involvement
of
the
petitioners
in
commission of the alleged offences and now at this stage if
the petitioners are granted bail then they may threaten,
abscond & tamper the prosecution witnesses which in turn
may hamper the trial & 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 petitioners have made
out a prima-facie case for grant of bail
as prayed in the bail petition?

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Crl. Misc. No.8223/2023
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 that on 18.08.2023 at about 18.00 hours the
petitioners were sitting beside a tree near Jalagangamma
Temple, Vyalikaval Road, 17th Cross, and were hatching a
plan to commit dacoity of general public who passes there
and thereby committed the alleged offences punishable under
section 399 and 402 of IPC.

6. Now, it is the contention of the petitioners that they
are innocent and they have not committed any offences as
alleged either directly or indirectly and they have been used a
scape goat to suit the alleged offences and they are ready and
willing to abide by the terms and conditions that may be
imposed by this Court.

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Crl. Misc. No.8223/2023
7. On the other hand though the prosecution has
opposed the case of the petitioners that if the petitioners are
granted bail then they may abscond and tamper the
prosecution witnesses is concerned, the same do not hold any
water as admittedly the FIR, remand application, cause title
of the petition, copy of the Aadhar card of the petitioners
shows that they are permanent resident of Bengaluru and as
such their presence can be secured easily before the Court
and the I.O.

8. And since the alleged offences of 399 and 402 of IPC
are not at all punishable with death or life imprisonment and
since the alleged offences against the petitioners has to be
decided through a thorough trial and since the apprehension
of the prosecution could be met by imposing stringent
conditions then looking into the nature and gravity of the
alleged offences, I am of the considered opinion that the
petitioners have made out a prima-facie 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:-
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Crl. Misc. No.8223/2023
O R DE R
The bail petition filed by the petitioners
u/s 439 of Cr.P.C., is hereby allowed subject
to following conditions;
1. That the petitioners are ordered to
be released on bail in Cr. No.117/2023 of the
respondent police station on executing a
personal bond for Rs.1,00,000/- each with
one surety for the like sum amount.
2. That the petitioners shall mark their
attendance before the SHO of the respondent
Police once in a month on every 2nd Saturday
in between 10.00 a.m., to 8.00 p.m., till filing
of the final report.
3. That the petitioners shall not hold any
threat to the complainant and shall not
tamper with any of the prosecution witnesses
directly or indirectly.
4. That the petitioners shall not leave the
jurisdiction of the trial court without its prior
permission.
5. That the petitioners shall furnish their
residential address proof and that of their
sureties.

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Crl. Misc. No.8223/2023
6. That if the petitioners fails to obey any
of the above said conditions, then this bail
order automatically stands cancelled.
(Dictated to the Stenographer directly on the computer typer by her, corrected, signed and then
pronounced by me in the open Court on this the 29th day of August, 2023).

(R.RAVI)
LXI ACC & SJ, BТluru
R RAVI
Digitally signed by R RAVI
DN: cn=R RAVI,ou=HIGH
COURT OF
KARNATAKA,o=GOVERNMEN
T OF
KARNATAKA,st=Karnataka,c=
IN
Date: 2023.08.30 12:35:46 IST