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Crl.Misc. No.3162/2024
KABC010089222024
IN THE COURT OF THE LX ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU (CCH-61)
:PRESENT:
Sri Narashimsa M.V., B.Com., LL.B.,
LX Addl. City Civil & Sessions Judge, Bengaluru City.
Dated this the 8th day of April, 2024.
Crl.Misc. No.3162/2024
PETITIONER/
ACCUSED NO.2:-
Kishore Chawan S.,
S/o Srinivasa Rao,
Aged about 24 years,
R/at No.146/1, FF, 8th Cross,
Sanjeevininagara,
Moodlapalya, Nagarabhavi,
Bangalore-560 072.
(By Sri. K.R., Advocate)
V/s
RESPONDENT :
The State of Karnataka
By: Chandra Layout Police Station,
Bengaluru.
(Rep. by: Public Prosecutor)
ORDER
Petitioner/Accused No.2 in Chandra Layout Police Station
Crime No. 401/2023 has filed this application for grant of anticipatory
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bail under Sec.438 of Cr.P.C. He is alleged to have committed
offences punishable under Sections.323, 324, 504, 506, 342, 384
r/w. 34 of IPC.
2. Brief facts of the case as forthcoming from bail application
is as under :
The complainant performed marriage of her son Hemanth
Pawar with one Shwetha Bai 7 years back, there is some difference
of opinion between husband and wife, as such Shewetha Bai used to
quarrel with her husband and torture him. Recently complainant’s
daughter-in-law Shwetha Bai left matrimonial and started living with
her parents, inspite of repeated attempts to bring back daughter-inlaw Shwetha Bai to matrimonial home, she refused To return to
matrimonial home, hence complainant’s son Hemanth having no
option got issued legal notice to Shwetha Bai, due to which Shwetha
Bai and her family members got enraged made galata against
Hemanth several times.
That on 07.09.2023 at about 9-30 p.m.
when complainant’s son Hemanth had been to Prakruthi Hotel, at
that time his brother-in-aw Kishore along with his 10-15 friends
attacked him, abused him and took him forcibly to a remote place,
robbed his cash of Rs.10,000/- made him to consume alcohol and
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then took him to another remote place assaulted him with clubs and
other deadly weapons and left him at Kengute Road, thereafter
Hemanth called to complainant, who in turn rushed to spot and
then took her injured son Hemanth to K.C. General Hospital for
treatment.
3.
Petitioner has urged the following grounds :
Petitioner has not committed any offence and he has not
involved in above case, petitioner have no knowledge nor
reasonable belief nor apprehension of alleged offences, but he has
been falsely implicated in
above case at the instance of
complainant only on the pretext that he was friend of accused No.1.
On reading the entire case records there is no mention of specific
mention of overtact attributed to present petitioner. Even though
the petitioner was not at all present at the alleged spot at the alleged
time, the complainant has implicated the name of petitioner only on
the guise that, petitioner is one of the friend of co-accused. The
petitioner has been falsely implicated in above case without proper
investigation and
respondent came to
conclusion only upon
statement of complainant. It is further submitted that there is no
substantial material evidence to establish the guilt of accused. The
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alleged offences are not exclusively punishable with death or
imprisonment for life.
The petitioner is
permanent resident of
address mentioned in cause-title as such he will not abscond or
delay the proceedings of this court. If at all if injured had been really
assaulted by culprits, complainant’s son himself might have informed
police, but it is not so in the instant case, because the incident
occurred on 07.09.2023 at about 9-30 p.m., near a popular Hotel
located in busy area where as complaint was lodged by complainant
on 09.03.2023 i.e., after lapse of 2 days of
incident, there is
unexplained delay in lodging complaint. The petitioner hails from
respectable family and if he is arrested for no fault of him, his
reputation will be ruined in the eye of general public. He is ready
and willing to offer surety for satisfaction of Court and undertakes to
appear before court on all the dates of hearing. Hence, prayed for
grant of anticipatory bail.
4.
Learned Public Prosecutor has filed objections, in
objection it is stated that accused is absconding since from the date
of incident, accused is not entitled to be enlarged on bail, if he is
granted anticipatory bail, there is every possibility of he threatening
the witnesses and destructing the evidence collected against him.
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Hence, prayed for rejection of the bail petition. Along with objection,
memo of instructions given by I.O. is filed.
5.
Heard the learned Advocate for petitioner and the learned
Public Prosecutor.
6.
The point that arise for consideration is :
(1) Whether Anticipatory bail application filed by
petitioner/Accused No.2 Chandra Layout Police
Station Crime No.401/2023, deserves to be
allowed ?
7. My finding to the above point is in the Affirmative, for the
following :REASONS
8. Point No.1: Along with bail application, certified copy of
FIR in Chandra Layout Police Station Crime No. 401/2023, First
information, copy of requisition dated 16.09.2023 are produced.
Perusal of first information discloses that Smt. Uma Bai is
first
informant. Her son Hemanth Pawar is married to Shwetha Bai,
matrimonial life of Hemanth Pawar and Shwetha Bai is not cordial.
Deepu and Kishore (petitioner/accused) are brother of Shwetha Bai.
In first information it is alleged that accused No.1 and 2 had held life
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Crl.Misc. No.3162/2024
threat to Hemanth Pawar, on 7.09.2023 accused No.2 and his
friends by their hands assaulted Hemanth Pawar, in an auto forcibly
took Hemanth Pawar to a secluded place, Hemanth Pawar was
forced to consume alcohol. Accused No.1 and 2 along with their 10
to 15 friends with stones assaulted and inflicted bleeding injuries on
Hemanth Pawar. Said information was disclosed by Hemanth Pawar
to first informant.
9.
Hemanth Pawar in a Ola cab came half way, later on
first informant and others met Hemanth Pawar, took him to
K.C.General Hospital for treatment. First informant has admitted.
First information has been lodged on 09.09.2023.
10.
The date of incident is 07.09.2023, first information has
been lodged on 09.09.2023.
If Hemanth Pawar has been given
treatment in K.C. General Hospital, an MLC case would have been
mentioned in the register. Further in first information it is amply clear
that there is marital dispute between injured Hemanth Pawar and
his wife Shwetha Bai (sister of accused No.1 and 2). The allegations
made in first information disclose commission of cognizable
offences, the incident is said to have taken place on 07.09.2023 in
front of a Hotel, which is frequented by customers. It is also to be
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noticed that initially Hemanth Pawar is said to have informed first
informant over phone about the incident, but there is nothing on
record to show as to why Hemanth Pawar did not inform the Police.
Whenever an MLC case is treated, the Doctor would send
information to jurisdictional Police. Thus the chain of events that
have
taken
place
from
the
time
of
taking
injured/Hemanth Pawar is a matter of record.
treatment
by
Considering the
existing marital dispute and the nature of allegations, considering
delay in filing of first information, this court is of the opinion that
possibility of false implication of accused No.1 and 2 cannot be
ruled-out.
conditions.
Apprehension of prosecution can be met by imposing
Hence, I answer above point in the affirmative and
proceed to pass the following:
ORDER
Anticipatory Bail application filed by Petitioner/
Accused No.2 in Chandra Layout Police Station Crime
No.401/2023, is hereby allowed. Petitioner shall be
enlarged on bail in the event of his arrest subject to the
following :
CONDITIONS
1. Petitioner/accused No.2 shall execute personal
bond for Rs 50,000/- with one surety.
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2. Petitioner/accused No.2 shall not tamper with
the prosecution witness or hamper the investigation
process in any manner.
3. Petitioner/accused No.2 shall attend before the
learned Magistrate on all dates of hearing.
4. Petitioner/accused No.2 shall appear before
the investigating officer on or before 25.04.2024 and
co- operate with investigation in all respects.
(Dictated to the Stenographer-II, transcribed and typed by him, after corrections,
pronounced by me in the Open Court on this the 8th day of April, 2024)
.
.
(NARASHIMSA.M.V.)
LX Addl. City Civil & Sessions Judge,
Bengaluru.
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Crl.Misc. No.3162/2024