1
Crl.Misc.3190/2024
KABC010089952024
IN THE COURT OF THE LXVIII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU CITY (CCH-69)
Dated this the 19 th day of April 2024
:PRESENT:
Sri.Sabappa, B.Com., LLB (Spl.)
LXVIII Addl. City Civil and Sessions Judge,
Bengaluru City.
CRIMINAL MISCELLANEOUS No.3190/2024
PETITIONERS :
1.

Krishna Murthy.K,
S/o Kadirappa.K,
Aged about 42 years,
R/at No.22, 5th Block,
Jedarahalli, Rajajinagar,
Bengaluru – 560 010.

2.

Varadaraju.K,
S/o Kadirappa.K,
Aged about 45 years,
R/at No.22, 5th Block,
Jedarahalli, Rajajinagar,
Bengaluru – 560 010.

3.

Mahalakshmi.K,
W/o Parashuram.V,
Aged about 48 years,
R/at No.22, 5th Block,
2
Crl.Misc.3190/2024
Jedarahalli, Rajajinagar,
Bengaluru – 560 010.
4.

Meenakshi. K,
W/o V. Kumar,
Aged about 38 years,
R/at No.22, 5th Block,
Jedarahalli, Rajajinagar,
Bengaluru – 560 010.

5.

Manjula .K,
W/o Basavaraju,
Aged about 48 years,
R/at Gubbi Taluk,
Avalahalli, Tumkur – 572213.

6.

P. Prajwal,
S/o Parashuram,
Aged about 21 years,
R/at No.22, 5th Block,
Jedarahalli, Rajajinagar,
Bengaluru – 560 010.

(By Sri. C. Srinivas, Adv.,)
V/s
RESPONDENT :
State by;
Magadi Raod Police Station,
Bengaluru.

(Represented by Public Prosecutor)
3
Crl.Misc.3190/2024
ORDER ON BAIL PETITION U/SEC.438 OF CR.P.C.
This petition is filed by the petitioners under Sec.438 of
Cr.P.C., seeking anticipatory bail in the event of their arrest in
connection with Cr.No.55/2024 registered by Magadi Road Police,
Bangalore, for the offences punishable under Secs.327, 323, 504,
506 r/w 34 of I.P.C.

2.

The brief facts of the case of the petitioners is that, the
respondent police have registered case against the petitioners in
Cr.No.55/2024 for the offences punishable under Secs.327, 323,
504, 506 r/w 34 of I.P.C on the basis of the complaint lodged by
one Smt.Jaya. It is alleged in the complaint that, on 24.02.2024 at
about 11.00 a.m, the BWSSB officials came near the house of the
complainant to keep the water tank. At that time, complainant told
them that without the permission of owner they should not park the
water tank there. At that time, the petitioners who are the
neighbourers of the complainant came there and abused the
complainant in filthy language and assaulted the complainant on her
face and chest and petitioner No.6 assaulted the complainant with
iron box. On 25.02.2024 the complainant has informed the same to
her family members. They questioned the petitioners. At that time
again the petitioners assaulted the complainant and her sister’s
children Pavan and Prem Kumar and others and also pushed the
complainant’s sister and taken 15 gms of gold chain. One
4
Crl.Misc.3190/2024
Varadaraju has taken the mobile phone of the complainant’s brother.
Hence, complainant lodged the complaint.

Therefore, the
petitioners apprehending their arrest by the respondent police has
filed this anticipatory bail application.
3. The grounds urged by the petitioners are as under.
The petitioners submitted that, they are innocents of the
alleged offences. Due to previous grudge the complainant has
lodged false complaint against the petitioners. There is delay of 1
day in lodging the complaint. Petitioner No.1 has sustained grievous
injury and taken treatment. But intentionally the complainant has
lodged the false counter complaint against the petitioners. The
complaint is bald and does not reflect any attributes towards this
petitioners. The petitioners are not involved in the commission of the
alleged offences. The alleged offences are not punishable with
death or imprisonment for life. They are ready to abide by all the
conditions imposed by this Court. They are ready and willing to
furnish surety to the satisfaction of this court. Hence, sought for
grant of anticipatory bail.
4.

The learned Public Prosecutor has filed objections to
the bail petition along with the report of the P.S.I, Magadi Road
Police Station. In the objections the learned Public Prosecutor has
narrated the facts as stated in the F.I.R. The investigation of the
case is under progress. During the course of investigation, the I.O
has visited the spot and conducted spot panchanama. The
petitioners are involved in the commission of the alleged offences.

5
Crl.Misc.3190/2024
The petitioners are required for interrogation. The petitioners are
staying in rented houses. If the petitioners are granted bail, there is
every chance that they may abscond and not co-operate with the
investigation and may tamper the evidence. Therefore, the P.P has
sought for rejection of bail.
5.
6.

Heard both sides. Perused the materials on record.
The points that arise for my consideration are:
1. Whether the petitioners have made out
sufficient grounds for grant of anticipatory bail
as sought for?
2. What order?

7.

My findings to the above points are as follows :
Point No.1 :
In the Affirmative,
Point No.2 :
As per final order,
for the following;
REASONS
8.

POINT No.1: I have gone through the bail petition and
objection statement. It is noticed that the respondent police
registered case in Cr.No.55/2024 for the offences punishable
U/Secs.327, 323, 504, 506 r/w 34 of I.P.C. The alleged offences are
triable by the Magistrate. One Smt.Jaya has lodged the complaint
against the petitioners. On perusal of the complaint and FIR, it is
noticed that there is dispute between the petitioners and
6
Crl.Misc.3190/2024
complainant regarding parking of water tank by BWSSB officials
near the house of the complainant. On on 24.02.2024 at about 11.00
a.m, the BWSSB officials came near the house of the complainant
to keep the water tank. At that time, complainant told them that
without the permission of owner they should not park the water tank
there. At that time, the petitioners who are the neighbourers of the
complainant came there and abused the complainant in filthy
language and assaulted the complainant on her face and chest and
petitioner No.6 assaulted the complainant with iron box. Again, on
25.02.2024 quarrel took place between the complainant and
petitioners for the same reasons and at that time the petitioners
assaulted the complainant and abused her in filthy language. On
perusal of the documents relied by the petitioners it is noticed that,
one more case is registered against the complainant by the 1 st
petitioner. The contents of the complaint reveals that, there is
quarrel between the petitioners and complainant with regard to
parking water tank by the BWSSB in the property belonged to the
complainant. This goes to show that, there is no intention of the
petitioners or the complainant regarding alleged crime. There is
some dispute caused between the parties with regard to parking of
water tank by BWSSB. It clearly indicates that the petitioner being
the neighbourers of the said place. Moreover, the alleged offences
are not punishable with death or imprisonment for life. The alleged
offences are triable by the Magistrate Court. Based on the complaint
and FIR it is not possible to ascertain the real truth. It requires trial.
There is case and counter case between the parties. Thereby, this
7
Crl.Misc.3190/2024
Court come to the conclusion that, at this stage, the petitioners have
made out sufficient grounds to enlarge them on bail.

9. At this juncture, this Court feels that, while considering the
prayer for grant of anticipatory bail, a balance has to be struck
between two factors namely, no prejudice should be caused to the
free, fair and full investigation and there should be prevention of
harassment, humiliation and unjustified detention of the accused. In
view of the above discussion, I come to the conclusion that at this
stage the petitioners have made out sufficient grounds to enlarge
them on bail. Moreover, the prosecution contended that in case
petitioners are enlarged on bail, they may abscond, threaten the
prosecution witnesses and hamper the evidence. Thereby this court
come to conclusion that if some stringent conditions are imposed on
the petitioners and granted bail, the apprehension of the prosecution
could be safeguarded. At this juncture, on perusal of entire records,
this Court feels that the petitioners have made out sufficient grounds
to enlarge them on bail. Hence, I answer above point No.1 in the
Affirmative.
10.

POINT NO.2:
In view of my findings point No.1, I
proceed to pass the following:
ORDER
Bail
petition
filed
by
the
petitioners
Sec. 438 of Cr.P.C is hereby allowed.

under
8
Crl.Misc.3190/2024
Petitioners are ordered to be released on
anticipatory bail in the event of their arrest in
Cr.No.55/2024 of Magadi Road P.S., on executing
their personal bonds for Rs.50,000/- each with two
sureties for the like sum on the following conditions.
1. The petitioners shall appear before the I.O
within 30 days from the date of this order and cooperate for investigation.
2. The petitioners shall not tamper with the
Prosecution witnesses either directly or indirectly in
any manner.
3. They shall co-operate for investigation by the
concerned police and regularly appear before the
concerned court as and when required.
4. They shall not abscond from the ordinary
residence and they should furnish the address proof to
the concerned police.
5. They shall not indulge in any kind of offence.
6. They shall not leave the jurisdiction of the
court without prior permission.

9
Crl.Misc.3190/2024
7. They shall mark the attendance in the
respondent P.S between 10.00 a.m to 6.00 p.m once in
a month i.e., on 2nd Sunday till filing of the final report.
If any of the above conditions violated the IO is
at liberty to move for cancellation of bail.
(Dictated to the Stenographer, typed by her directly on Computer,
revised, corrected and then pronounced by me in the open court on this
the 19 th day of April, 2024)
(Sabappa)
LXVIII Addl. City Civil and Sessions Judge,
Bengaluru City.

10
Crl.Misc.3190/2024
ORDERS PRONOUNCED IN THE OPEN
COURT, VIDE SEPARATE ORDER
Bail petition filed by the petitioners
under Sec. 438 of Cr.P.C is hereby allowed.
Petitioners are ordered to be released
on anticipatory bail in the event of their arrest
in Cr.No.55/2024 of Magadi Road P.S., on
executing their personal bonds for Rs.50,000/each with two sureties for the like sum on the
following conditions.
1. The petitioners shall appear before
the I.O within 30 days from the date of this
order and co-operate for investigation.
2. The petitioners shall not tamper with
the Prosecution witnesses either directly or
indirectly in any manner.
3.
They
shall
co-operate
for
investigation by the concerned police and
regularly appear before the concerned court
as and when required.
4. They shall not abscond from the
ordinary residence and they should furnish the
address proof to the concerned police.
5. They shall not indulge in any kind of
offence.

11
Crl.Misc.3190/2024
6. They shall not leave the jurisdiction
of the court without prior permission.
7. They shall mark the attendance in
the respondent P.S between 10.00 a.m to 6.00
p.m once in a month i.e., on 2 nd Sunday till
filing of the final report.
If any of the above conditions violated
the IO is at liberty to move for cancellation of
bail.

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