Crl.Misc.No.8176/2023
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KABC010225172023
IN THE COURT OF THE LVI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU (CCH 57)
: Present :
Sri.T.Govindaiah, B.Com., LL.B.,
LVI Addl. City Civil & Sessions Judge,
Bengaluru.
Dated this the 29th Day of August, 2023.
Crl.Misc.No.8176/2023
PETITIONER
1. Deepak C @ Deepu
S/o Chandra Shekar C
Aged about 24 years
R/at No.90/6, 1st Main
Kirloskar Colony,
3rd Stage, Basaveshwaranagar
Bengaluru н560079
(By Sri.Harish D. Advocate)
V/s
RESPONDENT
State of Karnataka
By Mahalakshmipuram Police Station,
Bengaluru.
(Rep. by: Public Prosecutor)
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Crl.Misc.No.8176/2023
ORDER
This is a petition filed by the petitioner under Section
438 of Cr.P.C. for bail in the event of his arrest in
Cr.No.164/2023 for the alleged offences punishable under
Sec.326, 506 , 504 of IPC.
2. The petitioner has sought for anticipatory bail on the
grounds that, he is innocent of the offences alleged. He has
got valid and tenable defence. There is inordinate delay in
lodging the complaint. The injured has not suffered any vital
injuries. The offences alleged are not punishable with death
or life imprisonment. He hails from respectable family. He has
no bad antecedents. He never committed any offence. He is
not habitual offender. No prima facie case is made out against
the petitioner. He is a permanent resident of Bengaluru. He is
ready to abide by the conditions that may be imposed. He is
ready to furnish surety.
3.

The prosecution has filed statement of objections
narrating the facts of the case. Further the prosecution
papers prima facie discloses the involvement of the petitioner
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Crl.Misc.No.8176/2023
in the alleged offence. If the petitioner is granted the relief,
he will not coнoperate with the investigation and trial. He
would abscond and may tamper with the prosecution witness
and evidence. Further he will commit similar offences. Hence
sought for dismissal of the petition.
4.

Heard the arguments of both sides.

5.

The following points arise for my determination:н
1.

Whether the petitioner is entitled for
anticipatory bail as provided under Section
438 of Cr.P.C.?

2. What order?
6.

My findings on the above said points are as
follows;
Point No.1 :
In the Negative
Point No.2 :
As per final order, for the
following :н
REASONS
7.

Point No.1:н As seen from the prosecution papers,
it is alleged that, On 12.07.2023 at about 11.00 p.m the
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Crl.Misc.No.8176/2023
complainant along with his friends Ajith and Swmay went to
Kinnar bar and on 13.07.2023 at about 12.30 when they
came out side the bar, at that time the petitioner along with
his friends started abusing the complainant and his friends in
a filthy language and also started assaulting them by menas
of stone, bottle and other deadly weapons. The complainant
started shouting by saying that he has got bleeding injury on
his head, then also the petitioner and other accused persons
started assaulting the complainant. Further the accused
came to assault the complainant by means of machete the
complainant tried to escape from the assault, but the blow fell
on his right hand can right hand bone was broken. Thereafter
the petitioner and others have also assaulted Ajith by means
of bottle on his face. When the complainant and his friends
tried to escape the petitioner and other accused persons have
threatened them in a dire consequences. Thereby the accused
committed the alleged offence.
8.

The prosecution argues that the petitioner is
involved in the alleged offences. If he is granted bail he may
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Crl.Misc.No.8176/2023
tamper with the witnesses or abscond from the jurisdiction.
He may not coнoperate with the trial.
9. The petitioner contended that he is innocent. He has
not committed any offnece. The injured has not suffered any
vital injuries and he is not at all admitted any hospital. On
perusal of the prosecution papers it is clear that, the
investigation is under progress. Till today the accused is not
secured and the accused is absconding since the date of
incident. If really the accused innocent about the offence. The
accused has to coнoperate the IO by surrendering himself
before the police station. But till today the petitioner and
other have not coнoperate for investigation. At this stage, if
the anticipatory bail is granted in favour of accused, he may
abscond from the jurisdiction. He may not coнoperate with the
trial. Considering the nature and gravity of the offences, the
petitioner is not entitled for the relief claimed. Accordingly the
point No.1 is answered in the Negative.
10.

Point No.2: In view of my findings on point No.1,
I proceed to pass the following:н
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Crl.Misc.No.8176/2023
ORDER
The petition filed by the petitioner under
Section 438 of Cr.P.C., is hereby dismissed.

(Dictated to the Stenographer directly on computer, corrected and
then pronounced by me in the Open Court on this the 29 th Day of August,
2023)
(T.Govindaiah)
LVI Addl. City Civil & Sessions Judge,
Bengaluru.

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Crl.Misc.No.8176/2023
Order pronounced in open Court
(Vide separate order)
ORDER
The petition filed by the petitioner
under Section 438 of Cr.P.C., is
hereby dismissed.

LVI Addl.City Civil & Sessions
Judge, Benguru.

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