1
Crl.Misc. No. 7886/2023
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 1 st day of September, 2023
Crl.Misc.No.7886/2023
Petitioner :
Chandan Gowda @ Chandan
s/o Narasimha Gowda,
aged about 25 years,
r/at No. 4, 1st cross,
Jai Ram Building,
near Sandhya Talkies,
V.P.Road, Madiwala,
Bengaluru.
(By Smt. T.R.Nethravathi., Advocate)
Vs.

Respondent
:
State of Karnataka
By Madiwala P.S. Bengaluru.
(By Public Prosecutor)
ORDER ON BAIL PETITION FILED
U/SEC. 438 OF CR.P.C.
The present petition
438 of Cr.P.C.

filed by the petitioner
u/sec.

praying to enlarge him on bail in Cr. No.

101/2021 Ц CC No. 18599/2023 of Madivala P.S
for the
offences punishable u/sec. 399 and 402 of IPC pending on
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Crl.Misc. No. 7886/2023
the file of learned 32nd ACMM Court, Bengaluru .
2. It is stated in the petition that the police have
registered case in Cr. No. 101/2021 against the petitioner
and others alleging the offences punishable u/sec. 399 and
402 of IPC. It is submitted that the accused No.1 to 5 are
enlarged on bail in Crl. Misc. No. 5940/2021, 5485/2021,
5509/2021
and
5518/2021
respectively.

Hence
the
petitioner is entitled for bail on the ground of parity. It is
further stated in the petition that the petitioner is innocent
and he has not committed the alleged offence. The
respondent police have falsely implicated the petitioner in
the aforesaid crime. The petitioner is the permanent
resident of address mentioned in the cause title. The
petitioner hails from respectable family and he has no bad
antecedents or previously convicted or no any case pending
against him. The petitioner is ready to abide by any of the
terms and conditions that may be imposed by this court if
the petitioner is enlarged on bail and he is ready to furnish
surety for his appearance before this court. Hence the
petitioner has prayed to allow the petition.
3. Learned Public Prosecutor has filed objections to
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Crl.Misc. No. 7886/2023
the bail application filed by the petitioner alongwith report
of IO by opposing the grant of bail contending that the
offence alleged to have been committed by the petitioner are
grave in nature and against Society.

If the petitioner is
enlarged on bail he may commit offences of similar nature
in future. The petitioner will be absconding and he may not
appear before the court. The investigation is completed and
the charge sheet is filed.

It is further stated in the
objection that if the petitioner is enlarged on bail he may try
to
destroy
the
evidence
and
he
may
threaten
the
prosecution witnesses. Hence PP has prayed to reject the
petition filed by the petitioner.
4. Heard the arguments of both sides and perused the
materials available on record.
5.

The
following
point
would
arise
for
my
consideration :
i.
ii.

Whether petitioner has made out
grounds to allow his bail petition filed
u/sec. 438 of Cr.P.C.?
What order?

6. My finding on the above points are as follows:
i. Point No.1:
ii. Point No.2:
In affirmative.
As per final order on the
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Crl.Misc. No. 7886/2023
following;
REASONS
7.

The respondent police have registered Cr. No.

101/2021 against the petitioner and others for the offences
punishable u/sec. 399 and 402 of IPC on the basis of the
information given by PSI of Madiwala Police. The petitioner
has produced the FIR, complaint, remand application in Cr.
No..101/2021. It is alleged in the FIR that on 2.7.2021 early
in the morning at about 4.00 am to 5.00 am CW. 1 received
credible information that near Silk Board, Madiwala 7
persons alleged to have been assembled unlawfully and
equipped with deadly weapons and planning to attack and
look the public who were coming on the same road. On
receiving the information the complainant and other staff
rushed to the spot and at that time they saw the petitioner
and
other
accused
holding
deadly
weapons
making
preparation to commit dacoity on public and they have
assembled there with an intention to commit dacoity. At
that time they were apprehended by the complainant and
other staff at the same spot. The deadly weapons were also
seized by the police from the petitioner and others by
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Crl.Misc. No. 7886/2023
conducting mahazar.
8.

It
is
submitted
that
during
the
course
of
investigation the respondent police have arrested other
accused and produced before the learned Magistrate. The
petitioner is shown as accused No.7 in the remand
application. The learned Magistrate has remanded the other
accused to J.C. since the name of the petitioner is shown as
accused No.7 he is praying to enlarge him on bail by
contending that he is innocent
and not committed any
offence as alleged against him and he has been falsely
implicated by the respondent police in the aforesaid crime
number.
9. The offences alleged are not punishable with death
or imprisonment for life, whether the petitioner and others
were making preparation to commit dacoity in a public
place with an intention to commit dacoity on public or
whether the petitioner and others were armed with deadly
weapons or not and whether the deadly weapons are seized
from the petitioner and others by conducting mahazar or
not has to be decided only after full fledged trial. The
investigation is completed and the charge sheet is filed, It is
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Crl.Misc. No. 7886/2023
also mentioned in the IO report that presence of the present
petitioner is not required for investigation of the case, since
the investigation is over.

The investigation of the case is
already been completed. As such custodial interrogation of
the petitioner is not required for further investigation of the
case. Further the petitioner is ready to abide by any terms
and conditions that may be imposed by the court for his
enlargement on bail. He is ready to furnish surety to the
satisfaction of the court for his appearance before IO. He is
ready to cooperate with the investigation of the case. It is
submitted that the accused No.1 to 5 are enlarged on bail in
Crl. Misc. No. 5940/2021, 5485/2021, 5509/2021 and
5518/2021
respectively.

Accordingly
the
petitioner
is
entitled for bail on the ground of parity. The apprehension
of the learned PP regarding abscondence of the petitioner
and tampering the prosecution witnesses and destroying
evidence can be make good by imposing suitable conditions.
Under the circumstances I am of the opinion that the bail
application filed by the petitioner can be allowed and
petitioner may be enlarged on bail by imposing suitable
terms and conditions. Accordingly
point under reference
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Crl.Misc. No. 7886/2023
answered in affirmative.
10. Point No.2:
By considering the above over all
reasons this court proceed to pass the following;
ORDER
Bail petition filed by the petitioner / accused
No.7
u/sec. 438 of Cr.P.C. is hereby
allowed. The
petitioner / accused No.7 is enlarged on anticipatory
bail bail in Cr. No. 101/2021-CC No. 18599/2023 for
the offences punishable u/sec. 399 and 402 of IPC
pending on the file of CMM, Bengaluru on the
petitioner
furnishing
1,00,000/- with one
satisfaction
of
32nd
personal
bond
for
Rs.

surety for the likesum to the
ACMM,
on
the
following
conditions.
1. The petitioner shall appear before the court
within 30 days from the date of this order.
2. The petitioner shall not directly or indirectly
make any inducement or threat or promise to
any person acquainted with the facts of the case
so as to deceive him from disclosing said facts
to the court or any police officer or any hamper
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Crl.Misc. No. 7886/2023
with the witnesses.
3. The petitioner shall not commit offence of similar
in nature or any other offences in future.
4. The petitioner shall furnish his correct address
proof before the trial court.
5.

The petitioner shall not leave India without
previous sanction of the court.

6. The petitioner shall appear before the regularly
and shall cooperate for speedy disposal of the
case.
Violation
of
any
of
the
aforesaid
conditions
automatically the bail granted to the petitioner stands
canceled.
(Dictated to the JW , script thereof is corrected, signed and
pronounced by me in open court on this the 1 st day of
September, 2023)
(Balagopalakrishna)
c/c of 69 Addl. City Civil and Sessions Judge,
Bangalore.
th