KABC010222032023
IN THE COURT OF THE LXII ADDL.CITY CIVIL & SESSIONS JUDGE
BENGALURU CITY [CCH.63]
Dated: This the 8 th day of September, 2023
Present: Sri. A. EARANNA, M.Com., L.L.M.,
LXII Additional City Civil & Sessions Judge,
Bengaluru City.
Crl.Misc.No. 8031/2023
Petitioner
:
Deepak Gowda @ Deepu @ Aghori
(A-4)
S/o late Ramakrishna,
Aged about 22 Years,
R/at No. 7th cross,
Annapoorna Bekary,
Opp. Venkateshwara Book store,
Kaveri Nagar, BSK 2nd stage,
Bengaluru-560 070.
[By Ramesh.H.N., Advocate]
Respondent
Vs.
:
The State of Karnataka,
By Banashankari
Police Station,
Bengaluru.
[Rep. by Public Prosecutor]
O R DE R
The present petition under Section 439 of Cr.P.C has
filed by the petitioner to enlarge him on bail for the offences
2
Crl.Misc.No. 8031/2023
punishable under Sections 395, 364A, 397, 326 and 506 of
IPC and Sec. 25(1-B) (a), 27) pending on the file of Learned III
A.C.M.M., Bengaluru.
2.

In the bail petition the petitioner contending
that, the petitioner is innocent. He has not committed the
alleged offences. The petitioner has been falsely implicating in
the present case. The offences alleged against the petitioner is
not punishable either with death or imprisonment for life. The
allegations set out in the complaint are hearsay in the nature
and the same are subjected to full fledge trial. The respondent
police after completion of investigation have filed the charge
sheet. The petitioner hails from respectable family. The
petitioner has permanent resident of his address shown in the
cause title of the petition and as such he will not abscond or
flee away from justice in case of grant of bail. The petitioner is
ready and willing to abide by any of the conditions that may
be imposed by the Court and he is ready to furnish surety to
ensure his regular attendance before the concerned Court.
Inter-alia on these grounds, the petitioner prays for allow the
petition.

Crl.Misc.No. 8031/2023
3
On
3.

the
other
hand,
the
learned
Public
Prosecutor has filed objections along with IO report by
contended that, the petitioner has been committed the alleged
offences.

If the petitioner is released on bail at this stage,
there is possibility of petitioner committing
similar kind of
offences and there is also possibility of petitioner threatening
the prosecution witnesses and the possibility of petitioner
absconding himself cannot be ruled out. He further stated the
Criminal petition No. 2130/2021, 4343/2021, 4788/2021,
10713/2021, 9807/2021 rejected by this court and Hon’ble
High Court of Karnataka rejected the Criminal petitioner No.
5685/2021 on these grounds, the learned Public Prosecutor
pray for reject the bail petition.
4.

Heard the arguments of both the sides. Perused
the records.
5.

Now
the
points
that
would
arise
consideration of the Court are:
1. Whether the petitioner is entitled
for bail under Section 439 of
Cr.P.C?
2. What Order?

for
the
Crl.Misc.No. 8031/2023
4
6.

The findings of the court on the above points are
as follows:
Point No.1 :
In the Negative
Point No.2 :
As per final order for the
following:
REASONS
7.

Point No.1:- The brief facts of the case is that, on
09.02.2021 at about 3.30 am on 23 rd Cross, near National
Cooperative Bank, one boy was stopped the complainant car
and requested of help and his right leg was bandaged and
suffering from pain and the complainant was stopped his car,
at that time three other boys forced to open the complainant
car seat belt and drive with high speed and stopped at 9 th
Main road and one of them was put the gun on head and
threatened that not to make any noise and they have drive the
complainant
car
with
high
speed
and
assaulted
the
complainant on the way with the handle of the gun and
demanded the amount and the complainant had no money.
They called the wife of the complainant and stated that the
complainant vehicle was met with an accident and stated that
if the money is not paid to them, they will not release the
complainant or the car and as such the complainant wife
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Crl.Misc.No. 8031/2023
transferred Rs. 15,000/- to the complainant account and they
were driving the vehicle and dashed the same near Malavalli
and drawn the amount from the complainant account in
Malavalli Karnataka Bank ATM at about 6.15 am and leaving
the complainant in car, snatched the phone. Immediately the
complainant went to Malavalli Town Police, while they sent to
the Malavalli Town Hospital with head constable and the
complainant shown the car where parked and also the ATM
who the assailants were drawn the amount and since the
incident was not happened in the jurisdiction of Malavalli
town police, they sent the complainant to the Banashankari
Police station by car, as such the complainant reached
Banashankari Police station at about 11.30 am and reported
the same for necessary action against to the accused persons.
The petitioner arrayed as accused No. 4.
8.

The learned counsel for the petitioner argued that
police have already filed the charge sheet and petitioner is no
more required for further investigation and is a permanent
resident of address mentioned in the petition. Therefore he
prays to release the petitioner on bail. The learned Public
Prosecutor have argued that if the petitioner is released on
bail he may abscond and threaten the complainant may
6
Crl.Misc.No. 8031/2023
commit similar kind of offence. He further argued that Hon’ble
High Court of Karnataka had rejected the criminal petition in
5685/2021 and no grounds made out to allow the bail
petitioner hence prays to reject the bail petition.
9.

Petitioner has filed the bail petition seeking the
release on bail on the above said grounds. Counsel for the
petitioner submitted that respondent police have already filed
the charge sheet therefore he prays to allow the bail petition.
On the other hand learned Public Prosecutor have vehemently
argued that though charge sheet have been filed against to the
petitioner that there are material and incriminating evidence
available against to the petitioner. Petitioner has not made out
any new grounds to release the petitioner on bail. Moreover
court has rejected the criminal petition Nos. 2130/2021,
4343/2021, 4788/2021, 10713/2021, 9807/2021. Thereafter
Hon’ble High Court of Karnataka rejected the criminal petition
in 5685/2021. When the petitioner has seeking on bail there
must be new grounds to allow the bail petition. In the present
case no such new ground were urged by the petitioner to
release on bail. Mere filing the charge sheet it is not sufficient
to grant the bail. Moreover the alleged offence is heinous
offence. Petitioner has not made out ground that he was not
Crl.Misc.No. 8031/2023
7
involved in the said offence and respondent police have
registered the false case against the petitioner. Before granting
the bail court ought to see the gravity of the offence, nature of
the offence and securing the accused should be taken into
consideration. In the present case the petitioner has not made
out any grounds to released on bail.

After go through the
records, objection and IO report it seems that there are
material evidence against to the petitioner. By considering the
accusation as well as gravity of punishment, I am of the view
that there is no force in the argument canvased by the learned
Counsel for the petitioner.
10.

This Court is of the view that gravity of offences
does not weigh personal liberty of the petitioner. In case of
grant of bail to the petitioner, chances of petitioner hampering
further
investigation
and
they
causing
threat
to
the
prosecution witnesses and chance of their abscond and
chance of he committing similar offences cannot be ruled out
and the petitioner is not entitled for bail. Accordingly, I answer
point No.1 in the negative.
11.

Point No.2 :-
In view of my findings on point
No.1, I proceed to pass the following:
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Crl.Misc.No. 8031/2023
OR D E R
The
bail
petition
filed
by
the
petitioner under Section 439 of Cr.P.C., is
hereby rejected.
(Dictated to the Stenographer, directly typed by her on computer, revised
and corrected by me and then pronounced in the open court on this the
8 th day of September 2023)
(A. EARANNA)
LXII Addl.City Civil & Sessions Judge,
(CCH-63), Bengaluru.

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Crl.Misc.No. 8031/2023
Orders pronounced in Open Court (vide
separate Order).
O R DE R
The bail petition filed by the
petitioner
under
Section
439
of
Cr.P.C., is hereby rejected.

LXII A.C.C. & S.J, Bengaluru City.