KABC010159502022
Presented on
Registered on
Decided on
Duration
: 15-06-2022
: 15-06-2022
: 22-06-2022
: 0 years, 0 months,
7 days
BEFORE THE LXVI ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
(CCH-67)
DATED: This the 22 nd day of June, 2022
PRESENT
Sri. S. NATARAJ., BAL., LLB.
LXVI Addl.City Civil & Sessions Judge,
Bengaluru
Crl.Misc.No. 5938 of 2022
Petitioner :
P.Guruprasad,
S/o Prasad.G.
Aged about 36 years,
R/at No.54/9, Ground Floor,
7th Cross, I Main,
Kottigepalya, Vishwaneedam,
Bengaluru 560 091.
(By Sri.Harishkumar.R.A., Adv.)
/Vs/
Respondent :
State by:
Kamakshipalya Police Station,
Bengaluru.
(By Public Prosecutor.)

Crl.Misc.No.5938/2022
2
ORDERS ON BAIL APPLICATION FILED UNDER
SEC.438 OF Cr.P.C.
Petitioner/accused filed bail petition under Section 438
Cr.P.C seeking anticipatory bail in the event of his arrest in
Cr.No.196/2021
for
the
offences
punishable
under
Sections 427 of IPC and Section 2(A) of Prevention of
Destruction and Loss of property Act registered by the
respondent pending on the file of 39th ACMM, Bengaluru.
2. The petitioner case in brief are as follows:
The complainant Maruthi has filed a complaint alleging
damage of his car glass parked near his house and he
came to know the accused and another 2 persons damaged
the care glass, on the basis of allegations complaint has
been registered against accused Nos.1, 2 and 2 others. In
the remand application the name of petitioner accused
No.3 has been shown.

There is no specific allegations
against the petitioner.

The petitioner is apprehending
arrest from the respondent police. He is innocent of the
offfences alleged, he has not committed any offences. The
offences
are
not
punishable
with
death
or
life
imprisonment. The petitioner has no criminal antecedents,
3
Crl.Misc.No.5938/2022
he is ready and willing to abide by the conditions and
prayed to allow the petition.
3. The learned Public Prosecutor filed objections with
the report of Investigation Officer contending that the
petition is not maintainable either in law or on facts. The
petitioner along with accused Nos.1 and 2 on 5.06.2022
damaged car glass of complainant, mahazar was drawn,
seized stone and glass pieces, if petitioner is granted bail
he may commit similar offences, abscond from the case
and threaten prosecution witnesses and prayed to dismiss
the petition.
4. Heard the arguments of both sides and perused
the record.
5. Out of above said facts and circumstances of the
case, the points that arose for consideration are as under:
Point No.1: Whether the petitioner is entitled
for anticipatory bail on the
complaint
of
Sri.Maruthi.G
registered by the respondent?
Point No.2: What Order?
6. My answer to the above points are as under:
Point No.1: In the affirmative
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Crl.Misc.No.5938/2022
Point No.2: As per the final order for the
following reasons.:
REASONS
7. Point No.1: The contentions of allegations is that
one Maruthi S/o Ganganna has filed a complaint on
05.06.2022 alleging that he had parked Hundai Verna
vehicle bearing Reg.No.KA-02 MB-9097 at 11:30 p.m. he
slept, again in the morning he woke up and noticed car
front glass and rear glass was damaged with stone, on
checking CCTV footage in the previous night at 12:40 p.m.
accused Nos.1 and 2 and others came in a duster car
bearing Reg.No.KA-41 MK-7118 damaged the car glass of
the complainant with stone and tried to set fire. On the
basis of said allegations the case has been registered and
submitted FIR.
8. In the complaint the name of the petitioner is not
mentioned. During investigation accused Nos.1 and 2 were
arrested and they were produced before the learned
Magistrate on 07.06.2022. later on they were granted bail
by the Magistrate, in the remand application of accused
Nos.1 and 2 the name of petitioner has been shown. It is
Crl.Misc.No.5938/2022
5
the matter of trial whether the petitioner has involved in
the incident along with accused Nos.1 and 2 or not in
damaging the car glass of the complainant on alleged date.
The stone and pieces of glass have been seized under
mahazar. The custodial interrogation of the petitioner may
not be required.

The offences alleged is not punishable
with death or life imprisonment. He is permanent resident
of address shown in the cause title, chances of absconding
is remote.

Under the circumstances, considering the
nature
allegations
and
and
seriousness
of
offences,
petitioner is entitled for bail. Accordingly, answer the point
in affirmative.
9. POINT No.2:- In view of findings given on point
No.1, this Court pass the following order.
ORDER
The
petition
filed
by
the
petitioners/
accused – P.Guruprasad under Section 438
Cr.P.C. is allowed.
The petitioner is ordered to be released on
anticipatory bail in the event of his arrest in
Cr.No.196/2022 registered by respondent
Crl.Misc.No.5938/2022
6
under
Sections
2(A)
of
Prevention
of
Destruction and loss of property Act and
Section 427 of IPC on execution of personal
bond for Rs.50,000/- to the satisfaction of
the Investigation Officer subject to following
conditions.
1. The petitioner shall appear before the IO on
or before 01.07.2022 and thereafter as and
when called upon, for the purpose of
investigation.
2. The petitioner/accused shall not threat the
complainant or prosecution witnesses in any
manner directly or indirectly.
3. The
petitioner/accused
shall
regularly
appear before the concerned Court as and
when called for.
4. Petitioner/accused shall not commit similar
offences.
5. If any of the conditions are violated the
anticipatory bail order deems to have been
canceled.
(Dictated to the Judgment Writer directly on computer,
corrected by me and then pronounced in the open Court on
this the 22nd day of June, 2022).
(S. NATARAJ),
LXVI Addl.CC & SJ, Bangalore.

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Crl.Misc.No.5938/2022
The Order is pronounced in
the open Court (vide separate
Order).
ORDER
The petition filed by the
petitioners/
accused
–
P.Guruprasad under Section 438
Cr.P.C. is allowed.
The petitioner is ordered to
be released on anticipatory bail
in the event of his arrest in
Cr.No.196/2022 registered by
respondent under Sections 2(A)
of Prevention of Destruction and
loss of property Act and Section
427 of IPC on execution of
personal bond for Rs.50,000/- to
the
satisfaction
of
the
Investigation Officer subject to
following conditions.
1. The petitioner shall
appear before the IO on or before
01.07.2022 and thereafter as
and when called upon, for the
purpose of investigation.
2. The petitioner/accused
shall not threat the complainant
or prosecution witnesses in any
manner directly or indirectly.
3. The petitioner/accused
shall regularly appear before the
concerned Court as and when
called for.
4. Petitioner/accused shall
not commit similar offences.

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Crl.Misc.No.5938/2022
5. If any of the conditions
are violated the anticipatory bail
order deems to have been
canceled.
LXVI Addl.CC & SJ,
Bangalore.