10
Crl.Misc. No.8168/2023
KABC010225042023
IN THE COURT OF THE LXI ADDL. CITY CIVIL,
SESSIONS JUDGE: BENGALURU CITY
Dated this the 02 nd day of September, 2023
-: PRESENT :Sri R.RAVI, B.Sc., LL.B.,
LXI Addl. City Civil & Sessions Judge,
Bangalore, (CCH-62)
CRL. MISC. No.8168/2023
Petitioner/s
:
1
Darshan.N
S/o.Nagesh.B.S.
Aged about 20 years
R/a.No.1407
9th Main
9th Cross
Srinivasa Nagara
Bengaluru-560 050
(Accused No.1)
(By Sri.Naveen.K.E,
Advocate,)
V/s
Respondent
:
State by Girinagara P.S.,
Bengaluru City
10
Crl.Misc. No.8168/2023
Rep. by Public Prosecutor, City
Civil Court Complex,Bengaluru.
ORDERS ON BAIL APPLICATION ONE FILED BY THE
PETITIONER UNDER SECTION 438 OF Cr.P.C.
The case of the petitioner is that he is innocent of the
alleged offences and he was not involved in any offences and
he has never committed the offences as alleged in the
complaint and he was not at all present at the alleged spot of
incident on the alleged date & due to grudge the complainant
by colluding with the respondent police have lodged a false
complaint on the reason of girl friend by name Rassi and the
alleged
offences
are
not
punishable
with
death
or
imprisonment for life and he is the only earning member in
his family having aged parents, wife and children and his
family will be put untold hardship and sufferings and he hails
from a respectable family deep roots in the society and he has
no bad antecedences & there is no specific allegations made
out against him and there are no materials placed on record
to show that he is guilt of the alleged offences and he has
been made as a scape goat to suit the alleged offences and he
is permanent resident of Bengaluru and as such there is no
chance of him absconding or delaying the proceedings and he
is ready and willing to abide by the terms & conditions that
may be imposed by this court & he is also ready to offer
surety to the satisfaction of the court and since the
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Crl.Misc. No.8168/2023
respondent police have registered a false case in Cr.
No.329/2023 for the offences punishable under Section 323,
324, 364(A), 395, 506, 149 of IPC and are trying to arrest
him, then he is constrained to file this petition for granting of
anticipatory bail.

2. On the other hand the learned Public Prosecutor has
filed his objections along with the report of the I.O. & opposed
the above application that the grounds urged for seeking
anticipatory bail are not satisfactory &
since the materials
placed on record prima-facie discloses the involvement of the
petitioner in commission of the alleged heinous offences and
now at this stage if the petitioner is granted anticipatory bail
then he may abscond, threaten & tamper the prosecution
witnesses which in turn may hamper the trial & accordingly
prayed for rejection of the bail petition.

3. And I have heard the arguments of both sides &
perused the materials placed on record and the points that
would arise for my consideration are as below;
i) Whether the petitioner has made out a
prima-facie case for grant of bail as
prayed in the bail petition?
ii) What Order?

10
Crl.Misc. No.8168/2023
4. My findings on the above points are as follows:Point No.1 – In Negative
Point No.2 – As per final Order, for the following;
R E A SON S
5. Point No.1:- The above bail petition is filed by the
petitioner under Section 439 of Cr.P.C., on the grounds that
he is innocent of the alleged offences and he was not present
at the alleged spot not committed any offences as alleged &
he is ready and willing to abide by the terms and conditions
that may be imposed by this court.

6.

On the other hand though the prosecution has
opposed the case of the petitioner that if he is granted bail
then he may threaten & tamper the prosecution witnesses is
concerned, the same holds water as the materials placed on
record including the
FIR & complaint at this stage shows
that on 08.08.2023 at about 8.30 p.m., he and the other
accused persons have called the complainant and his two
friends with an intention of kidnapping for ransum & also
committing dacoity and took them
in different bikes to
several places like Ittumadu, RR Nagar, Gobal College Village
and assaulted them with their hands and robbed the gold
chain weighing 10 grams from the complainant and also took
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Crl.Misc. No.8168/2023
around Rs.700/- from his purse and thereafter threatened
him as not to lodge any complaint & there by committed the
offences punishable under Section 323, 324, 364A, 395, 506
R/w. 149 of IPC.

7. And more over since the materials placed on report
including the report of the I.O. further discloses that the
petitioner & the other accused with an intention to extract
money have assaulted the complainant & his frineds and
kidnapped them on a public road & have committed the
heinous offence of Section 364(A) & 395 of IPC which
carries a punishment of death or imprisonment for life &
since the petitioner & accused No.2 are absconding and since
there
is
likelihood
of
threatening
the
complainant
&
tampering of the prosecution witnesses by the petitioner and
since in the rulings of ILR 2016 KAR 1516 & 2010 SCC
496 it has been clearly held that ‘While considering the bail
application in the heinous offences, the court has to
consider
the
prima-facie
materials
and
reasonable
grounds and also of the severity of the punishment’ &
since in a Judgment of Srikanth S/o. Pandu V/s. State of
Karnataka dated 31.08.2017 our Hon’ble High Court of
Karnataka has further held that ‘Since the offence under
Section 364(A) of IPC is punishable with death or
imprisonment for life then it is not a fit case to exercise
the discretion in favour of the accused for grant of bail ‘ &
10
Crl.Misc. No.8168/2023
since the petitioner has not made out any cogent case with
sufficient grounds to grant the anticipatory bail then I have
answered the above point No.1 in negative.

8.

Point No.2 :- In view of the discussion made on
point No.1 and further holding it in the negative, I proceed to
pass the following:O R DE R
The bail petition filed by the petitioner u/s 438 of
Cr.P.C., is hereby rejected.
(Dictated to the Stenographer, transcribed and typed by her, corrected, signed and then pronounced
by me in the open Court on this the 02nd day of September, 2023).

(R.RAVI)
LXI ACC & SJ, BТluru
R
RAVI
Digitally signed by R RAVI
DN: cn=R RAVI,ou=HIGH
COURT OF
KARNATAKA,o=GOVERN
MENT OF
KARNATAKA,st=Karnatak
a,c=IN
Date: 2023.09.04 15:33:34
IST