KABC010017122023
IN THE COURT OF LXV ADDL CITY CIVIL & SESSIONS JUDGE,
BENGALURU CITY (CCH-66)
PRESENT
SHRI. HEMANTH KUMAR. C.R ,
B.A.L., L.L.B.,
LXV Addl. City Civil & Sessions Judge,
Bengaluru.
Dated this the 25 th day of January, 2023
Crl.Misc.No.541/2023
PETITIONER:-
DUNGER SINGH,
s/o S. Murthy,
Aged about 20 years,
R/at 3rd Cross, Near Anjaneya Temple,
Nandini Layout, Bengaluru.
[Accused No.1]
(By Sri. GM., Advocate)
V/s.

RESPONDENT:-
STATE OF KARNATAKA,
By City Market Police Station,
Bengaluru.
(Rep. by Public Prosecutor)
ORDER ON BAIL PETITION FILED UNDER
SECTION 439 OF CR.P.C
This petition is filed under Section 439 of Cr.P.C., praying to
enlarge the petitioner on bail in Crime No.7/2023 registered by City
Market police station for the offences punishable under Section 392 of
IPC.

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2.

Crl.Misc.No.541/2023
Facts of the case.-
The complainant has lodged the complaint on 11.01.2023 at
about 23.10 pm., alleging that he is doing before with bag shop called
Shubham Traders at Chickpet. On 11.01.2023 at about 10.30 pm.,
after finishing the business and he took the business money and he
walked behind Srinath Lodge, Laxman Rao Road, some unknown
persons grabbed him and started running after taking Rs.5,000/- money
from him and one person who are standing far away shouted to other
persons to come quickly as he shouted loudly then the public grabbed
the said persons and then the police who are also present took the
person to the police station. As such the complainant has lodged the
complaint. The police on receipt of the said complaint have registered
the case in Crime No.7/2023 for the offences punishable under Section
392 r/w Section 34 of IPC.
3.

The petitioner being aggrieved by the same has filed this
petition on the following among other grounds. The petitioner submit
that he is innocent of the alleged offences, he has not at all committed
any offences, he has been falsely implicated in the above case. The
petitioner submits that at no point of time the petitioner involved in the
alleged crime either directly or indirectly and there is no specific over
act attributed against the petitioner.

The petitioner submits that the
name of the petitioner is not mentioned in the FIR as well as complaint
of the complainant. The petitioner submits that he is permanent resident
of address mentioned in the cause and having deep roots in the society
and has no bad antecedents and offences alleged against the petitioner
are not punishable with death or imprisonment for life and he is ready
and willing to abide by the conditions imposed by this court and
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Crl.Misc.No.541/2023
undertake to co-operate with the investigation. Hence, the petitioner
prays to allow the regular bail petition.
4.

After service of notice, the learned Public Prosecutor has
appeared and filed objection contending that the investigation is still in
progress and the offences alleged against the petitioner is heinous in
nature and also further contended that on perusal of the complaint there
is a prima facie case against the accused persons for having committed
the alleged offences. The learned Public Prosecutor has also further
contended that the investigation is still in progress and the I.O. has to
record the statements of witnesses and also he has to secure the
documents. The learned Public Prosecutor has further contended that
at this stage if the bail petition of the petitioner is allowed there is every
chances of threatening the prosecution witnesses, destroying the
evidence and may abscond and hamper the trial. Hence, the learned
Public Prosecutor prays to reject the regular bail petition.
5.

Heard the arguments. Now the points that arise for my
consideration.-
6.

1.

Whether the petitioner has made out
sufficient ground to allow the petition
filed under Section 439 of Cr.P.C?

2.

What order?
My answer to the above points are.Point No.1:Ц
In the Affirmative
Point No.2:Ц
As per final order
for the following
Crl.Misc.No.541/2023
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REASONS
7.

Point No.1:-
The petitioner counsel has addressed the
arguments contending that the petitioner is innocent of the alleged
offences and he has been falsely implicated in the present case. The
petitioner
counsel has further contended that the petitioner is not
involved in the alleged offences and he was returning home after
completing his work the police have pick the petitioner from his home
as he does not know the local language Kannada and the petitioner has
been falsely implicated in the present case. The petitioner counsel has
further contended that from the date of arrest the petitioner is in judicial
custody and has further contended that
the petitioner is the only
earning member of the family and aged parent and the petitioner is very
young aged if he is detained in judicial custody his future will be spoiled.
The petitioner
counsel has further contended that the petitioner is
ready and willing to abide by the conditions imposed by this court and
co-operate with the investigation.

Hence, prays to allow the bail
petition.
8.

The
learned
Public Prosecutor
has
addressed
the
arguments contending that the offences alleged against the petitioner is
grievous in nature and the complaint averments prima facie shows that
the petitioner and others have committed the alleged offences. The
learned Public Prosecutor has also further contended that the
investigation is still in progress and the I.O. has to collect the evidence
and record the statements of witnesses. The learned Public Prosecutor
has further contended that at this stage if the bail petition of the
petitioner is allowed there is every chances of threatening the
prosecution witnesses, destroying the evidence and may abscond and
hamper the trial. Hence, the learned Public Prosecutor prays to reject
the regular bail petition.

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9.

Crl.Misc.No.541/2023
On perusal of the records it is noticed that the complainant
has lodged the complaint on 11.01.2023 at about 23.10 pm., alleging
that he is doing before with bag shop called Shubham Traders at
Chickpet.

On 11.01.2023
at about
10.30 pm., after finishing the
business and he took the business money and he walked behind
Srinath Lodge, Laxman Rao Road, some unknown persons grabbed
him and started running after taking Rs.5,000/- money from him and
one person who are standing far away shouted to other persons to
come quickly as he shouted loudly then the public grabbed the said
persons and then the police who are also present took the person to the
police station. As such the complainant has lodged the complaint. The
police on receipt of the said complaint have registered the case in
Crime No.7/2023 for the offences punishable under Section 392 r/w
Section 34 of IPC. The petitioner from the date of arrest is in judicial
custody and from 12.01.2023 to 25.01.2023 the judicial custody of the
accused persons have been extended. The police have not taken the
said accused persons to police custody for investigation as such it
shows that the accused persons are not required for investigation. The
offences alleged against the petitioner is not punishable with
imprisonment for life or death. The apprehension of the prosecution is
that the petitioner belongs to Rajasthan State if the bail application of
the said accused
is granted, there is every chances of accused
abscond and hamper the trial. The said apprehension of the
prosecution can be satisfied by imposing stringent conditions. The guilt
of the accused has to be proved during the course of trial. Admittedly,
the petitioner is resident of the address shown in the cause title. If at all
during the course of trial, the prosecution is able to prove the guilt of the
petitioner, he can be dealt with in accordance with law. Considering all
these facts, I am of the opinion that the petitioner can be enlarged on
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Crl.Misc.No.541/2023
bail by imposing certain conditions, which would meet the apprehension
of prosecution. Accordingly, I answer the point No.1 in the ‘Affirmative’.
10.

Point No.2:- In view of the findings given on point No.1, I
proceed to pass the following.ORDER
The petition filed by the petitioner under
Section 439 Cr.P.C., is allowed.
The petitioner is ordered to be released
on bail in Crime No.7/2023 registered for the
offences punishable under Section 392 r/w
Section 34 of IPC, on execution of personal
bond for Rs.1,00,000/- with one surety for the
likesum subject to the following
CONDITIONS:1.

The petitioner shall appear before the court
on all the dates of hearing.

2.

The petitioner shall appear before the I.O
whenever he is called upon for the purpose of
further investigation.

3.

The petitioner shall not involve in any criminal
activities.

4.

The petitioner shall not tamper with the
evidence and shall not threaten, induce allure
the prosecution witnesses in whatsoever
manner.

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Crl.Misc.No.541/2023
5.

The petitioner shall appear before the I.O
twice in a month at 9.00 am., to 9.00 pm., till
filing of the charge sheet.

6.

The petitioner shall not leave the jurisdiction
of the court without prior permission of the
court.

7.

The petitioner to produce permanent address
proof document.

(Dictated to the Stenographer, transcribed by her, corrected and then pronounced by me
in the Open Court on this 25th day of January, 2023)
(HEMANTH KUMAR. C.R)
LXV Addl. City Civil & Sessions Judge,
Bengaluru.