KABC010160882022
IN THE COURT OF LXVII ADDL CITY CIVIL AND
SESSIONS JUDGE; BENGALURU CITY (CCH.No.68)
PRESENT
SRI.KASHIM CHURIKHAN.
B.A., LL.M.
LXVII ADDL CITY CIVIL & SESSIONS JUDGE,
BANGALORE.
Dated this the 27th day of June 2022.
Crl.Misc.No.5993/2022
PETITIONER :
Sri.Manjunath.V.
S/o.Venkatesh,
27 years,
R/at.No.48, 16th Main,
KSV Vasathi Gruha,
Vijayanagar Club Road,
Vijayanagar,
Bengaluru.
(By Sri.Y.W., Advocate)
.Vs.

RESPONDENT :
State by
Jnanabharathi Police,
Bengaluru.
(By learned Public Prosecutor)
ORDER ON BAIL PETITION
This is bail petition under Section 439 of Cr.P.C.,
filed by the learned counsel for petitioner praying the
Crl.Misc.No.5993/2022
2
court to enlarge the petitioner on bail in Crime
No.165/2022 of the respondent-Jnanabharathi Police
Station,
Bengaluru
registered
for
the
offence
punishable under Sections 341, 504, 506 and 307 r/w.
Section 34 of IPC, pending on the file of learned XXII
Addl. C.M.M., Bengaluru.
2.

Brief facts of the case are as under:
The informant has lodged the report to the police
stating that he is the driver of Tipper Lorry belongs to
one Krishnamurthy.

That on 10.06.2022 at about
9-00 p.m., they loaded soil in Tata Institute situated at
Sadashivanagar, Bengaluru and proceeding towards
Mallathahalli Lake, at about 10-00 p.m., three unknown
persons were following their lorry and when the
informant reached near Kengunte Signal, Kengeri Main
Road, Bengaluru, the said persons have wrongfully
restrained the informant, but the informant did not
stopped the vehicle and he parked the vehicle near
Mallathahalli Lake. At that time, the said persons all of
a sudden picked up quarrel with the informant, abused
him in filthy language provoking public peace and
posed life threat to him and with an intention to
commit his murder, have assaulted the informant with
stone on the lips & head and two among them have
caused injuries by dragging the hairs of complainant
and hit to the iron safety gate and thereby, attempted
to commit his murder.

Crl.Misc.No.5993/2022
3
3.

The petitioner has been arrayed as accused No.2.

In the bail petition, the petitioner has stated that he is
innocent and has not committed any offences. The
petitioner has been falsely implicated in this case. The
petitioner has got valid and tenable defense. There are
no reasonable grounds to believe that the petitioner is
guilty of the alleged offences. At no point of time, the
petitioner has involved in the commission of alleged
offences. No prima-facie case is made out against the
petitioner. There is no ill-will or motive to the petitioner
to commit such offences against the informant.

The
offences
not
alleged
against
the
petitioner
are
punishable with either death or imprisonment for life.
The petitioner is permanent resident of the address
shown in the cause title and hence, there is no chance
of his absconding. The petitioner hails from respectable
family, having deep roots in the society. The petitioner
has no any bad antecedents. The petitioner is ready
and willing to abide the terms and conditions those
going to be imposed by this court and ready to offer
surety to the satisfaction of the court, if he is enlarged
on bail. Hence, sought for allowing the bail petition.
4.

The learned Public Prosecutor has filed objections
and contending that the investigation is not yet
completed. There are prima-facie materials against the
petitioner as to the commission of alleged offences.
The petitioner has not assigned any genuine reasons
Crl.Misc.No.5993/2022
4
for granting bail. If the petitioner is enlarged on bail,
he may threaten the prosecution witnesses, destroy the
prosecution evidence and hamper the investigation by
fleeing away from justice. Hence, sought for rejection
of the bail petition.
5.

Heard.

6.

The points raised for determination are as under:
1. Whether the petitioner has made out
sufficient grounds to enlarge him on
bail ?
2. What Order ?

7.

My findings to the above points are as under:
POINT No.1 : Affirmative,
POINT No.2 : As per the final order,
for the following:
REASONS
8. POINT No.1 :
The case of the prosecution is that
petitioner along with other accused have wrongfully
restrained the vehicle of the informant, abused him in
filthy language provoking public peace and gave life
threat to him and also with an intention to commit his
murder, has assaulted the informant with stone on his
lips & head and also by dragging the hairs of informant
and hit to the iron safety gate, causing bleeding
injuries and thereby attempted to commit his murder.
The same has been denied by the learned counsel for
petitioner.

Crl.Misc.No.5993/2022
5
9.

The learned counsel for petitioner has submitted
that the petitioner is innocent and has not committed
any
offences.

The
petitioner
has
been
falsely
implicated in this case. No name of the petitioner is
find place either in the report or in the FIR. The injured
was already discharged from the hospital.

Prays to
allow the bail petition.
10.

The alleged facts are all to be established in full
fledged trial with authenticated testimony of the
prosecution witnesses. The case is registered against
unknown persons. The involvement of the petitioner in
the commission of alleged offences is to be proved in
full fledged trial with authenticated testimony of
prosecution witnesses.

The offences alleged against
the petitioner are not punishable with either death or
imprisonment for life.

The petitioner is in judicial
custody since the date of his arrest. Languishing the
petitioner in judicial custody till conclusion of the trial
does not serve any purpose. The Investigating Officer
has not stated as to the requirement of the petitioner
for
the
purpose
of
custodial
interrogation.

The
petitioner has undertaken to abide the bail conditions
and ready to furnish surety for his due appearance
before the court. The apprehension of prosecution
could be dealt with by imposing some conditions.
Accordingly, I answer the Point No.1 in the Affirmative.

Crl.Misc.No.5993/2022
6
11.

POINT No.2 :
In view of my findings on Point
No.1 as above, I proceed to pass the following :
ORDER
The bail petition filed by the petitioner under Section
439 of Cr.P.C, is allowed, subject to the following
conditions:
1. The petitioner is ordered to be released
on bail in Crime No.165/2022 of the
respondent-Jnanabharathi Police Station,
Bengaluru on executing his personal
bond for a sum of Rs.50,000/- along with
the surety for likesum ;
2. The petitioner shall appear before the
Investigating Officer as and when
required for the purpose of investigation ;
3. The petitioner shall appear before the
trial court on all the hearing dates ;
4. The petitioner shall not tamper with the
prosecution witnesses;
5. The petitioner shall not
committing any offences.

indulge
in
(Dictated to the Judgment-writer on computer, corrected, signed and then
pronounced by me in the open court on this the 27th day of June 2022)
(KASHIM CHURIKHAN)
LXVII Addl.City Civil & Sessions Judge,
BENGALURU.