KABC010160132022
IN THE COURT OF THE LII ADDL. CITY CIVIL &
SESSIONS JUDGE, BANGALORE (CCH-53)
Dated this the 28th day of June, 2022
PRESENT
Sri.B.G.Pramoda, B.A.L., LL.B.,
LII Addl. City Civil & Sessions Judge,
Bangalore.
Crl.Misc.No.5962 /2022
Petitioner:
Sri.Shankar V.,
S/o Velu,
Aged about 34 years,
R/at No.127, 7th Cross,
Venkatappa Colony,
Yeshwanthapura,
Bengaluru – 560022.
(Accused No.1)
(By Sri.D.Prabhakar, Advocate)
-V/S-
Respondent :
State of Karnataka
By Yeshwanthpura police station
Bengaluru.
(Represented
Prosecutor)
by
learned
Public
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Crl.Misc.No.5962/2022
ORDER
This petition is filed by the petitioner u/Sec.438 of
Cr.P.C., praying to grant anticipatory bail to him in the event of
his arrest by respondent police in Crime No.191/2022 of
Yashwanthpura police station for the offences punishable
u/Sec.323, 341, 435, 504, 506 r/w Sec.34 of IPC and Sec.2(a)
of Prevention of Destruction and Loss of Property Act, on the
file of learned 24th ACMM, Bengaluru.
2.

It is stated in the petition that the respondent
police have registered the case in Crime No.191/2022 against
the petitioner and others alleging the offences punishable
u/Sec.323, 341, 435, 504, 506 r/w Sec.34 of IPC and
Sec.2(a) of Prevention of Destruction and Loss of Property
Act, on the basis of information given by one T.V.Ashok
Kumar, before learned 24th ACMM, Bengaluru. It is further
stated in the petition that the petitioner is innocent and he has
not committed any offences as alleged against him. The
petitioner has been falsely implicated in the aforesaid crime
number. The respondent police are guarding near the
residence and other places of the petitioner and enquiring his
whereabouts with his family members, neighbours and others
and also making hectic efforts to arrest the petitioner in the
aforesaid case. The petitioner hails from respectable family
and has no previous bad antecedents. The petitioner is
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Crl.Misc.No.5962/2022
permanent resident of Bengaluru and he has got permanent
abode. The petitioner is ready to abide by any terms and
conditions that may be imposed by the court for his
enlargement on bail. The petitioner is ready and willing to
offer surety to the satisfaction of the court. Hence, the
petitioner has prayed to allow the petition.
3. The learned Public Prosecutor has filed the objection
to the petition along with I.O. report by opposing the grant of
anticipatory bail to the petitioner on the ground that the
offences alleged to have been committed by the petitioner are
grave in nature and against to society. It is further stated in
the objection that the petitioner has picked up quarrel with the
informant and abused him with filthy language, assaulted him,
gave life threat to him and lit fire on the Pulsar bike of the
informant. It is further stated in the objection that the case is
still investigation stage. At this stage, if the petitioner is
enlarged on bail, he may abscond and he may not appear
before Investigating Officer and may hamper the investigation
of the case. The petitioner may threaten the informant and
other prosecution witnesses and he may try to destroy the
evidence. The petitioner may commit similar offences in
future. Hence, the Learned Public Prosecutor has prayed to
reject the petition filed by the petitioner.

Crl.Misc.No.5962/2022
4
4. Heard the arguments of Learned Public Prosecutor
and Learned counsel for the petitioner. Perused the petition,
objection and other materials on record.
5. Having done so, the following points will arise for my
consideration:
(1) Whether the petitioner has made out
grounds for granting anticipatory bail
u/s.438 of Cr.P.C.,?
(2) What order?
6.

My findings on the above points are as under:
(1) Point No.1
..

In the Affirmative
(2) Point No.2
..

As per final order
for the following:
REASONS
7. Point No.1:- The petitioner has filed the present
petition for grant of anticipatory bail in Cr.No.191/2022 of
Yashwanthpura police station which is registered by them
against the petitioner and others for the offences punishable
u/Sec.323, 341, 435, 504, 506 r/w Sec.34 of IPC and
Sec.2(a) of Prevention of Destruction and Loss of Property
Act, on the basis of the information given by one T.V.Ashok
Kumar. The petitioner has produced the certified copy of the
FIR and information. The petitioner is shown as accused No.1
in the FIR.

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Crl.Misc.No.5962/2022
8. It is alleged in the FIR that on 03.06.2022 at about
10.15 p.m. near the congress party office, situated at
V.R.Layout, the accused No.1 has picked up quarrel with the
informant and abused the informant with filthy language,
assaulted the informant and gave life threat to him.

It is
further alleged that the accused No.1 and his friends have lit
fire to the Pulsar bike of the informant and committed
mischief and caused loss to the informant.
9.

The offence alleged against the petitioner which
is punishable PDLP Act is non-bailable in nature. Since FIR is
registered against the petitioner by alleging the commission
of non-bailable offence, the petitioner has filed the present
petition under the apprehension of his arrest by the
respondent police. It is alleged in the petition that the
respondent police are making hectic efforts to arrest the
petitioner and he has got reasonable apprehension of his
arrest by the respondent police. Since non-bailable offence is
alleged against the petitioner, there is possibility of arrest of
the petitioner by the respondent police during the course of
investigation of the case.
10.

The offences alleged against the petitioner are
not exclusively punishable with death or imprisonment for life.
The alleged offences are triable by the Learned Magistrate.
Except the offence under PDLP Act, all other offences alleged
Crl.Misc.No.5962/2022
6
against the petitioner are bailable in nature. Further u/Sec.5
of PDLP Act provision is also made to release the accused
who is in custody for commission of the offence under said
act.

Whether the petitioner has committed the offences as
alleged in the information or not has to be adjudicated only
after full-fledged trial. The custodial interrogation of the
petitioner is not necessary for further investigation of the
case. If the petitioner is arrested by the respondent police
without following the guidelines of the Hon’ble Supreme Court
of India in Arnesh Kumar’s case, the petitioner would be put
to unnecessary hardship and humiliation.
11.

The petitioner is ready and willing to abide by
any terms and conditions that may be imposed by the court
for his enlargement on bail. The petitioner is ready and willing
to offer surety to the satisfaction of the court. The petitioner is
also ready to co-operate with the investigation of the case.
As such, there is no chances of petitioner absconding or
fleeing from justice. The presence of the petitioner during the
course of investigation may be secure by imposing suitable
terms and conditions. The petitioner is the permanent
resident of Bengaluru and he is residing within the jurisdiction
of learned magistrate. As such, there is no chances of
petitioner
absconding
apprehension
of
the
or
fleeing
Learned
from
Public
justice.

The
Prosecutor
and
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Crl.Misc.No.5962/2022
Investigating Officer can be make good by imposing suitable
terms and conditions. Hence, by considering the reasonable
apprehension of arrest of the petitioner by respondent police
with respect to non-bailable offences and by considering the
fact that there is no chances of the petitioner absconding or
fleeing from justice and by considering the fact that the
petitioner is ready to abide by any terms and conditions
imposed by this court for his enlargement on bail and by
looking into the nature and gravity of the offence alleged
against the petitioner, I am of the opinion that anticipatory bail
as prayed for by the petitioner may be granted by imposing
suitable terms and conditions. Hence, the petition filed by the
petitioner is deserves to be allowed. Accordingly, I answer
the above point in the Affirmative.
12. Point No.2:- In view of my findings on point No.1, I
proceed to pass the following:
ORDER
The petition filed by the petitioner u/Sec.438 of
Cr.P.C., is hereby allowed.
The respondent police shall release the
petitioner/accused No.1 on bail in the event of his arrest
in Crime No.191/2022 of Yashwanthpura police station
for the offences punishable u/Sec.323, 341, 435, 504,
506 r/w Sec.34 of IPC and Sec.2(a) of Prevention of
Destruction and Loss of Property Act, pending on the
file of learned 24th ACMM court, Bangalore, on petitioner
executing personal bond for a sum of Rs.1,00,000/- with
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Crl.Misc.No.5962/2022
one surety for likesum to the satisfaction of the Learned
Magistrate on the following further conditions:CONDITIONS
(1) The petitioner shall appear before the Investigating
Officer within three weeks from the date of this order
and he shall furnish all necessary information and
documents to the Investigating Officer.
(2) The petitioner shall appear before the Investigating
Officer as and when called for and he shall co-operate
with investigation of the case.
(3) The petitioner shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the court or
any police officer or any hamper with the evidence.
(4) The petitioner shall not try to destroy evidence.
(5) The petitioner shall not leave India without prior
permission of the court.
(6) The petitioner shall not commit any offences of similar
or any other offences in future.
(7) Violation of any of the aforesaid terms and conditions
would entitle for cancellation of bail of the petitioner.
(Dictated to the Stenographer directly on computer, corrected and
then pronounced by me in the open court on this the 28 th day of
June, 2022).

(B.G.Pramoda)
LII Addl. City Civil & Sessions Judge,
Bangalore.

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Crl.Misc.No.5962/2022
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Crl.Misc.No.5962/2022
Order pronounced in the open court
(vide separate order)
ORDER
The petition filed by the petitioner u/Sec.438 of
Cr.P.C., is hereby allowed.
The
respondent
police
shall
release
the
petitioner/accused No.1 on bail in the event of his arrest in
Crime No.191/2022 of Yashwanthpura police station for
the offences punishable u/Sec.323, 341, 435, 504, 506 r/w
Sec.34 of IPC and Sec.2(a) of Prevention of Destruction
and Loss of Property Act, pending on the file of learned
24th ACMM court, Bangalore, on petitioner executing
personal bond for a sum of Rs.1,00,000/- with one surety
for likesum to the satisfaction of the Learned Magistrate
on the following further conditions:CONDITIONS
(1) The petitioner shall appear before the Investigating Officer
within three weeks from the date of this order and he shall
furnish all necessary information and documents to the
Investigating Officer.
(2) The petitioner shall appear before the Investigating Officer
as and when called for and he shall co-operate with
investigation of the case.
(3) The petitioner shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him from
disclosing such facts to the court or any police officer or
any hamper with the evidence.
(4) The petitioner shall not try to destroy evidence.
(5) The petitioner shall not leave India without prior permission
of the court.

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Crl.Misc.No.5962/2022
(6) The petitioner shall not commit any offences of similar or
any other offences in future.
(7) Violation of any of the aforesaid terms and conditions
would entitle for cancellation of bail of the petitioner.

LII Addl. City Civil & Sessions Judge,
Bangalore.