KABC010159092022
IN THE COURT OF XLV ADDL. CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY (CCH-46)
DATED THIS THE 18TH DAY OF JUNE, 2022
PRESENT:
Sri Yashawanth Kumar, B.A.(Law), LL.B.,
LI Addl., City Civil & Sessions Judge, Bengaluru,
C/C XLV Addl. City Civil & Sessions Judge, Bengaluru.
CRL.MISC. No.5924/2022
Petitioners
1.S.Prakash
S/o Shankar Reddy,
A/a 45 Yrs.,
R/a No.155, Chelekere Village,
Bengaluru North,
Bangalore-560 043.
2. Arun Kumar
S/o A. Kodanda Reddy,
A/a 41 Yrs.,
R/a No.6,
10th B Main Layout,
Doddabanasawadi,
Bengaluru-560 043.
3.Venkatesh
S/o Shankar Reddy,
A/a 47 Yrs.,
R/a No.6/2A, Amara Sukha
1st Main, Chikkathayappa Reddy
Layout,
Chelekere, Kalyananagar
Bengaluru-560 043.
(By Sri/Smt; T. Seshagiri Rao,
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Advocate)
AND
Respondent
State by Hennur P.S., Bengaluru.
(By the learned Public Prosecutor)
ORDER ON BAIL PETITION FILED U/S.438 OF Cr.P.C.,
This is a petition filed by the petitioners U/s.438 of
Cr.P.C., seeking an order of anticipatory bail in Crime
No.156/2022 of respondent police station registered for the
offences punishable U/s.143, 147, 148, 354, 427, 448, 504 and
506 r/w Sec.149 of IPC.
2.The petitioners have contended as under;
They are innocent and they have not committed any
offence. They have been falsely implicated in the present case
and no prima facie case is not made out against them. They
are the permanent residents of the address shown in the cause
title and they would not flee from justice. They are ready to
offer surety for their release on bail and to abide by any
condition that may be imposed by this Court.
3. The learned Public Prosecutor appeared for the
respondent police and filed objection. She has contended that
there are prima-facie materials against the petitioners for having
committed the offence. If they are released on bail, they may
tamper the prosecution witnesses, they may hamper the
investigation, and there is likelihood of fleeing from justice.
4. I heard the learned counsel for the petitioners and
learned Public Prosecutor for respondent.
5.The points that arise for my consideration are as under:
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1. Whether the petitioners have made out sufficient
grounds for grant of anticipatory bail as prayed by
them?

2. What order?
6.I answer the above points as under:Point No.1: In the Affirmative
Point No.2: As per final order
for the following:REASONS
7. Point No.1: The respondent police have registered a
case against the petitioners in their Crime No.156/2022 on the
complaint of first informant-Smt.G Jayalakshmi.
8.It is alleged that on 27.05.2022 at 3.30 a.m., the
petitioners and their henchmen came near the shop of first
informant by holding deadly weapons, destroyed the CCTV,
break opened the lock, trespassed in to the shop, and taken
away all the articles from the shop. When she enquired with
the accused persons, they dragged her and attempted to
assault her by outraging her modesty, by abusing in filthy
language, and by putting life threat.
9.It is contended that there is civil dispute in between the
parties.

The incident has taken place on 27.05.2022, and
complaint has been lodged on 7.6.2022. There is delay of a
bout 11 days in lodging the complaint. It is stated that the delay
is used to concoct a false story against the petitioners.
10.The truthfulness of the allegation in the complaint can
be determined only after a full fledged trial. The offences
alleged against the petitioners are not punishable with death or
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imprisonment for life, it is triable by the Magistrate. They
undertake to co-operate in the investigation. At this stage it
appears that the custodial interrogation of the petitioners is not
required.
11.The petitioners are ready to offer surety for their
release on bail and abide by the conditions that may be
imposed by this Court. The petitioners are the permanent
residents of the address given in the cause title and they under
takes they would not flee from justice. They undertake not to
tamper with the prosecution witnesses and not to hamper the
investigation. In such circumstances, if the petitioners are
granted anticipatory bail by imposing conditions, it would suffice
to meet the ends of justice. Hence, I answer Point No.1 in the
affirmative.
12. Point No.2: In view of answer of this Court on point
No.1, this court pass the following:ORDER
The petition filed by the petitioners U/s.438 of
Cr.P.C. is hereby allowed.
The petitioners shall be released on bail in the
event of their arrest in Crime No.156/2022 of
respondent police station registered for the offences
punishable U/s.143, 147, 148, 149, 354, 427, 448,
504 and 506 r/w Sec.149 of IPC subject to the
conditions that:
1.The petitioners shall execute personal bond
for a sum of Rs.50,000/- (Rupees fifty thousand)
each with one surety for like sum.

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2.They shall appear before the I.O., within 15
days from the date of this order.
3.They shall co-operate with the investigation
of the case,
4.They shall not tamper with the prosecution
witnesses in any manner.
5.They shall regularly appear before the Court
during the trial without fail.
6.They shall not commit similar offences.
7.They shall not leave the jurisdiction of the
Court without prior permission, and
8.They shall produce their photo Id card for
residential address before the I.O.,
(Dictated to the Stenographer, transcribed and computerized by the him
and after corrections, printout taken and then pronounced in the open Court and
signed by me, on this the 18th day of June, 2022)
(Yashawanth Kumar)
LI Addl. City Civil & Sessions Judge, Bengaluru,
C/C XLV Addl. City Civil & Sessions Judge, Bengaluru.

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Order pronounced in the open court
vide its separate order
ORDER
The petition filed by the petitioners U/s.438 of Cr.P.C. is hereby
allowed.
The petitioners shall be released on bail in the event of their
arrest in Crime No.156/2022 of respondent police station registered for
the offences punishable U/s.143, 147, 148, 149, 354, 427, 448, 504
and 506 r/w Sec.149 of IPC subject to the conditions that:
1.The petitioners shall execute personal bond for a sum of
Rs.50,000/- (Rupees fifty thousand) each with one surety for like
sum.
2.They shall appear before the I.O., within 15 days from the
date of this order.
3.They shall co-operate with the investigation of the case,
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Crl.Misc.No.5924/2022
4.They shall not tamper with the prosecution witnesses in
any manner.
5.They shall regularly appear before the Court during the
trial without fail.
6.They shall not commit similar offences.
7.They shall not leave the jurisdiction of the Court without
prior permission, and
8.They shall produce their photo Id card for residential
address before the I.O.,
(Yashawanth Kumar)
LI Addl. City Civil & Sessions Judge, Bengaluru,
I/C XLV Addl. City Civil & Sessions Judge, Bengaluru.