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Crl.Misc. No. 8397/2023
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 12 th day of September, 2023
Crl.Misc.No.8397/2023
Petitioners :
Chikkanna @ Chikka
s/o Narayana,
aged about 25 years,
r/at No. 55, behind police chowki,
Chowdeshwari ngar,
Laggere, Bengaluru.
(By Smt. Yashodha D.N., Advocate)
Vs.

Respondent
:
State of Karnataka
By Mahalakshmi layout P.S.
Bengaluru.
(By Public Prosecutor)
ORDER ON BAIL PETITION FILED
U/SEC. 439 OF CR.P.C.
The present petition filed by the petitioner u/sec. 439 of
Cr.P.C.

praying to enlarge him on bail in Cr. No. 146/2023 of
Mahalakshmipuram P.S
for the offences punishable u/sec. 399
and 402 of IPC pending on the file of learned CMM Court,
Bengaluru .
2. It is stated in the petition that the police have registered
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Crl.Misc. No. 8397/2023
case in Cr. No. 146/2023 against the petitioner and others alleging
the offences punishable 8u/sec. 399 and 402 of IP. The
respondent police during investigation of the case have arrested
the petitioner and others on 26.6.2023 and produced before
Magistrate and the petitioner was remanded to JC by the learned
CMM. Petitioner is shown as accused No.1 in the aforesaid crime
number. 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 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
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Crl.Misc. No. 8397/2023
against Society. It is further stated in the objection that the
petitioner is a habitual offender and he is involved in many other
cases of same nature, 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 IO or before the
court. 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. 439 of
Cr.P.C.?
What order?

6. My finding on the above points are as follows:
i. Point No.1:
ii. Point No.2:
following;
In affirmative.
As per final order on the
REASONS
7. The respondent police have registered Cr. No. 146/2023
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
Mahalakshmipuram Police. The petitioner has produced the FIR,
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Crl.Misc. No. 8397/2023
complaint, remand application in Cr. No..146/2023. It is alleged in
the FIR that on
25.6.2023 at about 8.20 pm
when the
complainant and other staffs were on patrolling duty , at that time
he received credible
Mahalakshmipuram
information, accordingly he went to
P.S.

near
Kirloskar
powndry,
Mahalakshmipuram, 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 conducting mahazar.
8. It is submitted that during the court of investigation the
respondent police have arrested the petitioner and others and
produced before the learned Magistrate. The petitioner is shown
as accused No.1 in the remand application. The learned
Magistrate has remanded the petitioner to J.C. Now the petitioner
is in JC and as such he has filed the present petition 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
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Crl.Misc. No. 8397/2023
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. Whether the petitioner has given voluntary statement before
the IO or not is to be decided after full fledged trial. In the IO
report it is mentioned that mahazar was already conducted and
weapons and other articles were seized from the possession of the
petitioner and others in the presence of mahazar witnesses.
Further
same was also intimated to the court vide PF No.

63/2023. It is also mentioned in the IO report that presence of the
present petitioner is not required for further investigation of the
case. Therefore they were produced before the court. Substantially
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. The record shows that the other coaccused are enlarged on bail by this court. The Hon`ble Supreme
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Crl.Misc. No. 8397/2023
Court of India in
State of Rajasthan , Jaipur vs. Balchand @
Baliay in AIR 1977 SCC 2447 and in many cases it was pleased to
held that bail is a rule and jail is an exception. This legal verb is
laid down in order to protect the fundamental right guaranteed
under Article 21 of the Constitution of India granting right of life and
liberty . There are no exception circumstances or reason to keep
the petitioner in JC by rejecting the bail application. The petitioner
is in JC since from the date of arrest. 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.
Learned PP filed objections for grant of bail to the petitioner mainly
on the ground that the petitioner is involved in many other cases
and he is habitual offender . However the crime numbers have not
been mentioned in the report. The charge sheet is yet to be filed.
Trial has to be conducted. Unless the petitioner is convicted in any
other case the court cannot come to conclusion that he is a
habitual offender. Only on the ground of pendency of some cases
against the petitioner bail cannot be rejected. The apprehension of
the learned PP regarding abscondence of the petitioner and
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Crl.Misc. No. 8397/2023
tampering the prosecution witnesses and destroying evidence can
be make good by imposing suitable conditions. Further earlier bail
application of the petitioner was rejected on the ground that the
presence of the accused is required to trace other accused, but
the stage has been changed. 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
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.1
u/sec. 439 of Cr.P.C. is hereby
allowed. The petitioner /
accused No.1 is enlarged on bail in Cr. No. 146/2023 for
the offences punishable u/sec. 399 and 402 of IPC pending
on the file of CMM, Bengaluru on the petitioner furnishing
personal bond for Rs. . 1,00,000/- with one
likesum
surety for the
to the satisfaction of CMM, on the following
conditions.
1. The Petitioner shall appear before the IO once in a
week on each Sunday between 9.00 am and 3.00 pm
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Crl.Misc. No. 8397/2023
till conclusion of the investigation of the case and shall
cooperate with the I.O.
2. The petitioner shall appear before the court regularly
on all dates of hearing without fail.
3. 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 with the witnesses.
4. The petitioner shall not commit offence of similar in
nature or any other offences in future.
5. The petitioner shall furnish his correct address proof
before the trial court.
6.

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

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 12 th
day of
September, 2023)
(Balagopalakrishna)
I/c of 69 Addl. City Civil and Sessions Judge,
Bangalore.
th
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Crl.Misc. No. 8397/2023