IN THE COURT OF THE LVIII ADDL. CITY CIVIL AND
SESSIONS JUDGE (CCH-59), BENGALURU CITY.
Dated this the 23rd day of January, 2023
PRESENT:
Sri.N.Krishnaiah, B.Sc., LL.B.,
LVIII Addl.City Civil & Sessions Judge (CCH-59),
Bengaluru City.
CRL.MISC.No.555/2023
PETITIONER
:
Shaikh Sahil Akbar,
S/o Mohammed Akthar,
Aged about 21 years,
Residing at No.110,
3rd Cross, Mallappa Layout,
Vishweswarapura,
Nelamangala Taluk,
Bengauru Rural District.
(By Sri.J.T.Venkatesha, Advocate)
V/S
RESPONDENT
:
The State of Karnataka by
RMC Yard Police Station,
Bengaluru.
(By Learned Public Prosecutor)
ORDER ON BAIL APPLICATION U/S 439 OF CR.P.C.
The petitioner has filed this petition under section 439
of Cr.P.C., seeking to enlarge him on regular bail in Crime
C.Misc.No.555/2023
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701/2020
No.212/2022 for the offence punishable under section 392
of IPC, on the file of the learned 9th Additional Chief
Metropolitan
Magistrate,
Bengaluru,
by
allowing
this
petition, in the ends of justice.

2.

He has further contended that, he is an innocent
and he has not committed the alleged offence. He has been
falsely implicated in this case. Nothing was recovered from
his custody. Absolutely, there is no prima facie material to
attract any of the ingredients of the alleged offence against
him. Since, he has been in judicial custody, he is not
required for custodial interrogation. Based on the voluntary
statement
of
another
accused,
he
has
been
falsely
implicated in this case. There is no criminal background or
bad antecedent against him. He is a permanent resident of
the address as shown in the cause title. He is ready and
willing to abide by any terms and conditions that may be
imposed by this Court and also ready to furnish surety.
Hence, he requests to allow this petition, in the ends of
justice.

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701/2020
3.

C.Misc.No.555/2023
On the contrary, the learned Public Prosecutor
has filed his objections and strongly opposed to allow this
petition on the major ground that, there is prima facie
materials on record to show that, this petitioner along with
juvenile offender have forcibly snatched the mobile phone
wroth of Rs.13,000/- and thereby committed an offence of
robbery, which is punishable under section 392 of IPC. The
investigation is under progress. At this stage, if he is
released on bail, he may threaten the prosecution witnesses
and he may abscond from the jurisdiction of the court. Then
fair investigation cannot be conducted. Hence, at this stage,
the petitioner is not entitled for bail as prayed for in this
petition.

4.

In view of the aforesaid rival contentions, the
following points that would arise for my consideration are:
1. Whether the petitioner is entitled
for regular bail under section 439
of Cr.P.C. as prayed for in this
petition?
2. What Order?

701/2020
5.

C.Misc.No.555/2023
4
Heard arguments of both the sides and perused
the records.

6.

My finding to the above points are as follows:
Point No.1:- In the Affirmative
Point No.2:- As per the final order
for the following;
REASONS
7.

POINT NO.1:-
Based on the complaint initiated
by the complainant/victim Miss.Bhagya, the respondent
police have registered this case in crime No.212/2022 for
the offence punishable under section 392 of IPC against
unknown person and send FIR. Subsequently one Juvenile
offender Yashas was arrested and enquired about the
incident, he has disclosed as himself along with this
petitioner
have
committed
the
alleged
offence.

Accordingly, this petitioner was arrested on 12.01.2023 and
produced before the Learned Magistrate and he was
remanded to judicial custody. The investigation is under
progress. At this stage, this petitioner has come up with this
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C.Misc.No.555/2023
petition seeking regular bail on the major ground that, there
is no prima facie sufficient material on record to attract the
ingredients of section 392 of IPC. He is not required for
further investigation as he has been in judicial custody since
12.01.2023.

8.

On this background, on perusal of the entire
material on record, no doubt, though there is an allegation
in the FIR on 20.12.2022 at about 4-30 am, when the
complainant/victim was crossing the road near CMTI Bus
stop, Bengaluru, two unknown persons came from her back
side and suddenly snatched her mobile phone worth of
Rs.13,000/- and fled away from the spot. Accordingly, FIR
came to be registered against unknown person. She has
also not given any identification or futures of the persons,
who committed robbery. Based on the voluntary statement
given by another Juvenile offender, this petitioner was
arrested. Admittedly, the alleged mobile phone was seized
from the custody of another accused Juvenile offender and
not from the custody of this petitioner.

701/2020
9.

C.Misc.No.555/2023
6
Moreover, this petitioner is not required for
custodial interrogation as he has been in judicial custody
since 12.01.2023. There
is no allegation of criminal
background or bad antecedent. Though, the alleged offence
is non bailable in nature, but, the same is not exclusively
punishable with death or imprisonment for life and it is
exclusively triable by the learned Magistrate. There is no
criminal
background
or
bad
antecedent
against
this
petitioner. It is not disputed that this petitioner is a
permanent resident of the address as shown in the cause
title and having deep roots in the society. He undertakes to
appear before this court regularly and ready to abide by any
terms and conditions that may be imposed by this court.
Therefore, if stringent conditions are imposed, the purpose
of
prosecution
may
be
served.

Under
all
these
circumstances and also considering the nature and gravity
of the alleged offences, it is a fit case to extend the
discretionary power in favour of this petitioner. Therefore,
the petitioner has made out sufficient grounds to entertain
this petition and hence, he is entitled for anticipatory bail as
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C.Misc.No.555/2023
prayed for in this petition. In view of the above reasons, I
answer the point No.1 in the “Affirmative”.
10.

POINT NO.2:-
In the result, for the reasons
stated above, I proceed to pass the following;
ORDER
The bail 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.212/2022 of respondent police for the
offence punishable under section 392 of IPC, subject
to the following:
CONDITIONS
1. The petitioner shall execute personal
bond for a sum of Rs.1,00,000/- with
two sureties for the likesum to the
satisfaction
of
the
concerned
jurisdictional Magistrate.

2. He
shall
not
threaten
the
complainant
and
prosecution
witnesses
and
hamper
the
prosecution evidence directly or
indirectly.

3. He shall not commit similar offence
in future,
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C.Misc.No.555/2023
4. He shall attend the court regularly
on all dates of hearing without fail.

5. He
shall
appear
before
the
Investigating Officer and co-operate
for investigation as and when called.

6. He shall not leave the jurisdiction of
the trial court till filing of the charge
sheet without prior permission,
except for medical emergency.
(Dictated to the Judgment Writer, transcribed by her,
corrected, signed and then pronounced by me in the open
court on this the 23rd day of January, 2023)
(N.KRISHNAIAH)
LVIII ADDL. CITY CIVIL AND
SESSIONS JUDGE (CCH-59)
BENGALURU CITY.

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C.Misc.No.555/2023
Order pronounced in the open Court
(vide separate order)
ORDER
The bail 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.212/2022 of respondent police for the
offence punishable under section 392 of IPC, subject
to the following:
CONDITIONS
7. The petitioner shall execute personal
bond for a sum of Rs.1,00,000/- with
two sureties for the likesum to the
satisfaction
of
the
concerned
jurisdictional Magistrate.

8. He
shall
not
threaten
the
complainant
and
prosecution
witnesses
and
hamper
the
prosecution evidence directly or
indirectly.

9. He shall not commit similar offence
in future,
10.

He shall attend the
court regularly on all dates of
hearing without fail.

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C.Misc.No.555/2023
11.

He shall appear before
the Investigating Officer and cooperate for investigation as and
when called.

12.

He shall not leave the
jurisdiction of the trial court till filing
of the charge sheet without prior
permission, except for medical
emergency.

(N.Krishnaiah)
LVIII Addl. City Civil and
Sessions Judge (CCH-59)
Bengaluru City.

701/2020
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C.Misc.No.555/2023