Crl.Misc.No.10348/2022
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KABC010280572022
IN THE COURT OF THE LVI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU (CCH 57)
:Present :
Sri.T.Govindaiah, B.Com., LLB.,
LVI Addl. City Civil & Sessions Judge,
Bengaluru.
Dated this the 31st Day of October, 2022.
Crl.Misc.No.10348/2022
PETITIONERS
Prakash @ Balaji @ Khan
S/o Late Ramu
Aged about 39 years
R/at No.101, 4th Cross,
Bhuvaneshwarinagar
Uttarahalli,
Bengaluru
(By Sri. Shivaraju B.E., Advocate)
V/s
RESPONDENT
1 State of Karnataka
By: H.S.R.Layout Police Station,
Bengaluru.
(Rep. by: Public Prosecutor)
Crl.Misc.No.10348/2022
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ORDER
This petition is filed by the petitioner under Section
439 of Cr.P.C. for grant of bail in Crime No.196/2021 for
the offences punishable under Sections 457 and 380 of
IPC
on
the
file
of
learned
XXXVII
Addl.

Chief
Metropolitan Magistrate, Bengaluru.
2.

The petitioner has sought for bail on the
grounds that, he is innocent of the alleged offence. He
has got valid and tenable defence. He has been falsely
implicated. The alleged offences are not punishable with
death or imprisonment for life. There is no specific overt
act attributed against the petitioner. He is the sole
earning member of the family. He is a peace loving and
law abiding citizen. The petitioner is in judicial custody
since more than 60 days. There are no materials placed
on record to show that the petitioner is guilty of the
offences. He is a permanent resident of Bengaluru. He is
Crl.Misc.No.10348/2022
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ready and willing to abide by the conditions that may be
imposed. He is ready and willing to furnish surety.
3. The prosecution has filed statement of objections
narrating the facts of the case. If the petitioner is granted
bail he would tamper with the prosecution witness. He
may
abscond
and
may
not
co­operate
with
the
investigation. He would tamper the evidence. He may
commit similar nature of offence. Hence sought for
dismissal of the petition.
4.

Heard arguments.

5.

The points that arise for my consideration are:­
1. Whether the petitioner is entitled for
regular bail as provided under
Section 439 of Cr.P.C.?
2. What order?

6.

My findings on the above points are as follows;
Point No.1
:
In the Affirmative
Crl.Misc.No.10348/2022
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Point No.2
:
As per final order for the
following :­
REASONS
7.

Point No.1:­
As could be seen from the
prosecution paper, it reveals that,
on 04.11.2021 at
about 07.50 p.m the complainant has locked his house
and went to his mother­in­law’s house to celebrate
deepawali festival. On 04.11.2021 at about 9.15 p.m
when he returned back to his house he saw the door was
opened and Rs.65,000/­ and 2 pair of earrings weighing
about 15 grams were stolen. Thereafter the complainant
lodged the complaint.
8.

During
the
course
of
investigation
the
respondent police have arrested the petitioner and seized
the gold and silver ornaments and reported in PF
NO.94/2022.
9.

The petitioner contends that the name of the
petitioner is not found either in the complaint or in the
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Crl.Misc.No.10348/2022
FIR. But the investigating officer is able to recover the
articles at the instance of the petitioner. Therefore, the
petitioner cannot contend that he is not involved in the
alleged crime. However the petitioner undertakes to
appear before the court regularly and also to co­operate
with the investigating officer as and when called for.
Further the petitioner
is a sole earning member of his
family and he is working in a private concern. He is ready
to furnish surety and abide by the conditions that may be
imposed. The offence alleged is not punishable either
with death or life imprisonment. Therefore, keeping
in
view of the nature and gravity of offence and liberty of the
petitioner, the petitioner could be granted the relief with
conditions. Accordingly, point No.1 is answered in the
Affirmative.
10. Point No.2:
In view of my findings on point
No.1, I proceed to pass the following:
Crl.Misc.No.10348/2022
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ORDER
The petition filed by the petitioner under
Section 439 of Cr.P.C., is hereby allowed.
The petitioner is ordered to be released on
bail in Crime No.196/2021 for the offences
punishable under Sections 457 and 380 of IPC
on the file of learned XXXVII Addl. Chief
Metropolitan Magistrate, Bengaluru subject to
following conditions:­
1. The petitioner shall execute personal
bond for Rs.50,000/­ and shall furnish
one
surety
for
like
sum
to
the
satisfaction of the IO.
2. The petitioner shall appear before the
learned XXXVII Addl. Chief Metropolitan
Magistrate, Bengaluru without fail.
3. The petitioner shall appear before the
IO as and when called for shall co­
operate with the investigation.
4. The petitioner shall not get involved in
any criminal activities.

Crl.Misc.No.10348/2022
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5. The
petitioner
shall
furnish
his
residential address proof.
6. The
petitioner
shall
not
leave
the
jurisdiction without prior permission.
If violation of any conditions will
amounts
to
cancellation
of
bail
automatically.
(Dictated to the Stenographer directly on computer, corrected and
pronounced by me in the open Court on this the 31st Day of October, 2022)
(T.Govindaiah)
LVI Addl.City Civil & Sessions
Judge, Bengaluru.

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Crl.Misc.No.10348/2022
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Crl.Misc.No.10348/2022
Order pronounced in open Court
(Vide separate order)
ORDER
The petition filed by the petitioner
under Section 439 of Cr.P.C., is
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Crl.Misc.No.10348/2022
hereby allowed.
The petitioner is ordered to be
released
on
bail
in
Crime
No.196/2021
for
the
offences
punishable under Sections 457 and
380 of IPC on the file of learned
XXXVII Addl. Chief Metropolitan
Magistrate, Bengaluru subject to
following conditions:­
1.
The petitioner shall execute
personal bond for Rs.50,000/­ and
shall furnish one surety for like sum
to the satisfaction of the IO.
2. The petitioner shall appear before
the learned XXXVII Addl. Chief
Metropolitan Magistrate, Bengaluru
without fail.
3. The petitioner shall appear before
the IO as and when called for shall
co­operate with the investigation.
4.
The petitioner shall not get
involved in any criminal activities.
5. The petitioner shall furnish his
residential address proof.
6. The petitioner shall not leave the
jurisdiction without prior permission.
If violation of any conditions will
amounts to cancellation of bail
automatically.
LVI Addl.City Civil & Sessions
Judge, Bengaluru.

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Crl.Misc.No.10348/2022