KABC010015852023
IN THE COURT OF THE LXII ADDL. CITY CIVIL AND
SESSIONS JUDGE, BENGALURU CITY [CCH.63]
Dated this the 01 st day of February, 2023
Present: Sri. A. EARANNA, M.Com., LLM.,
LXII Additional City Civil & Sessions Judge,
Bengaluru City.
CRL.MISC.No. 500/2023
PETITIONER:
Munivenkata @ Mental Macchi
S/o Narayanaswamy,
Aged about 24 years
R/at No. 3rd Cross, 2nd Main, Ibbaluru,
Sarjapura Road, Bengaluru
(Accused No, 5 in JC)
[By: Anjanappa K.H, Advocate]
V/s
RESPONDENT:
State by Bellandur
Police Station,
Bengaluru.
(By Public Prosecutor)
2
Crl.Mis. 500/2023
ORDERS
The petition is filed by the petitioner under Section 439
of Cr.P.C. for granting of bail.
2. On the strength of complainant the Bellanduru police
have registered the case in Crime No. 234/2022 for the
offence punishable under Sections 399 and 402 of I.P.C.,
pending on the file of 41 st ACMM, Bengaluru. The respondent
police after completion of investigation have filed the charge
sheet in CC No. 37279/2022.
3. It is contended by the petitioner that the petitioner is
absolutely innocent of the alleged offences and he has got
valid and tenable defence. The petitioner has not involved in
the alleged crime either directly or indirectly. No recovery has
been made from the actual possession of the petitioner, but
the respondent police in order to implicate the petitioner in
the case have shown the recoveries from the petitioner. There
are no eye witnesses to the incident. If the petitioner detained
in the judicial custody, he will be put to great hardship and
inconvenience. The respondent police after completion of
investigation have filed the charge sheet. The alleged offences
are not punishable with death or imprisonment for life. The
petitioner is ready and willing to abide by the conditions that
may be imposed on him. Therefore, prayed for allow the
petition.

3
Crl.Mis. 500/2023
4. On the other hand, the learned prosecutor submitted
that the police have registered the case against the petitioners
for the alleged offence. The bail application of the Co-accused
of this crime are rejected in Crl. Misc No. 10534/2022, No.
11181/2022 and Crl. Misc No. 10561/2022. If the petitioner
is released on bail he may commit similar offences, he will
come in the way of trial, tampering of witnesses. Therefore,
prayed for reject the bail.
5. Heard both sides. Perused the records.
6. In the light of submission of counsels, the points that
arise for consideration of this court are:
1. Whether the petitioner has made
out grounds for grant of bail under
section 439 of Cr.P.C.?
2. What order?
7. My answers to the above points are as here under:
Point No.1: In the Affirmative
Point No.2: As per final order for the
following;
REASONS
8. POINT NO.1: Brief facts of the case is that, on
2.10.2022 while the complainant at his station at about 6.30
pm., the informant informed that, at Eucalyptus yard located
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Crl.Mis. 500/2023
at Chikkanayakanahalli Dinne, Bengaluru, within the limits
of respondent station 4-5 persons have been assembled
unlawfully and equipped with deadly weapons and planning
to attack and loot the public who were coming on the same
road, upon the said information the complainant along with
his staff went to the spot and found the accused persons and
after observing their activities and hearing their discussion
raided the spot and apprehended three accused persons by
surrounding them. The respondent police registered the case
in crime No. 234/2022 for the offence punishable U/s 399
and 402 of I.P.C.
9. The learned Counsel for the petitioner argued that
the petitioner is falsely implicated in the case. He has not
committed any offence as alleged by the respondent police.
Police have filed the chargesheet against the accused person.
There is no necessity of custodial interrogation and there is
no recovery from the petitioner. Therefore he prays to allow
the petition.
10. Learned public prosecutor argued that already bail
petition filed by the co-accused is rejected by the Court. If the
bail petition is allowed then the petitioner may commit similar
kind of offences cannot be ruled out and he may destroy the
prosecution evidence and there is chance of his abscond.

5
Crl.Mis. 500/2023
Chargesheet is not ground for grant of bail. Therefore she
prays to dismiss the bail petition.
11. On careful analysis of the materials available on
credible information received by the complainant that the
accused persons were making preparation to commit dacoity
holding deadly weapons on 2.10.2022 at about 6.30 pm at
Eucalyptus yard located at Chikkanayakanahalli Dinne,
Bengaluru. The complainant along with his staff went to the
spot and raided on the accused persons and apprehended the
accused persons. Hence the complainant filed the complaint.
On looking to the materials on record and prosecution
papers, incriminating articles were seized from the possession
of the accused. On perusal of the records it shows that the
respondent police after completion of investigation have filed
the charge sheet. On going through the records it reveals that
the bail petition filed by the petitioner in Crl. Misc No.
11315/2022 by the petitioner is already been rejected by this
Court. Now the respondent police have filed the charge sheet,
hence on change of circumstance the petitioner has filed this
bail petition.
12. Further the offences alleged against the petitioner are
not exclusively punishable with death or imprisonment for
life. In the instant case, the petitioner has been already
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Crl.Mis. 500/2023
interrogated.

The petitioner have not required for further
investigation or interrogation. No purpose would be served by
further detaining the petitioner in judicial custody. Hence I
am of the view that there is an force the argument of the
Counsel for the Petitioner.
13. The petitioner claims to be permanent resident of his
address shown in the cause title of the bail petition. It is
urged that the petitioner is ready and wiling to furnish surety
to the satisfaction of the Court to ensure his regular
attendance in the case and he is ready to abide by any of the
conditions imposed by the Court.

Hence the chance of
abscond by the petitioner if released on bail is too remote.
14. Having heard rival submissions on both the sides,
this Court finds no valid, good and compelling grounds to
reject the bail at this stage to the petitioner. Considering the
factual aspects of this case, without expressing any opinion
with regard to merits and demerits of this case, this Court
holds that it is just and proper to grant the bail as prayed to
the petitioner.
15.

Taking
into
consideration
of
the
facts
and
circumstances of the case and the materials available on
record, I am of the opinion that the petitioner has made out a
7
Crl.Mis. 500/2023
case to allow the petition to grant regular bail and
accordingly, I answer point No.1 in the affirmative.
16. Point No.2 :-
In view of my finding on point No.1, I
proceed to pass the following:ORDER
The bail petition under Section
439 of Cr.P.C., filed by the petitioner is
hereby allowed.
The petitioner shall be released
on bail on execution of his personal bond
for Rs.1,00,000/- with one surety for like
sum to the satisfaction of this Court, in
CC
No.

37279/2022
(Crime
No.

234/2022 of respondent Police Station)
for
the
offence
punishable
under
Sections 399 and 402 of IPC.,
on the
following conditions:
1. Petitioner shall appear before the
concerned Court on all hearing dates
without
fail
except
on
unavoidable
circumstances.
2. Petitioner shall not leave the
jurisdiction
of
the
concerned
Court
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Crl.Mis. 500/2023
without
prior
permission
of
the
concerned Court.
3. Petitioner shall not threaten the
prosecution witnesses and he should not
tamper the prosecution evidence and he
shall not indulge himself in any offences
of like nature.
4. In case, if petitioner violates any
of the above mentioned conditions, the
prosecution is at liberty to move the
application in such cases for cancellation
of bail.
(Dictated to the Stenographer, transcribed by her on computer, revised
and corrected by me and then pronounced in the open court on this the
01st day of January 2023)
(A. EARANNA)
LXII Addl.City Civil & Sessions Judge,
(CCH-63), Bengaluru.