KABC010235282023
IN THE COURT OF THE LXIII ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-64) AT BENGALURU
Dated this the 15th day of September 2023
: PRESENT :
Sri.A.V.Patil, B.Com., LL.B.,
LXIII ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
CRIMINAL MISCELLANEOUS NO.8535/2023
PETITIONER
Aabu @ Sayyad Zaheer
S/o Sayyad Amzad,
Aged about 20 years,
Residing at No.230,
Shankaralingegowda Layout,
Ramabayinagar,
Mysore – 570 008.

:
(By Sri.Venkataeshappa,
Advocate)
– Vs RESPONDENT
:
State by RMC Yard Police
Station, Bengaluru.
(By Public Prosecutor)
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Crl.Misc.No.8535/2023
ORDER
The petitioner has filed this petition u/s 438 of
Cr.P.C., for his release on bail in the event of his arrest
in connection with a case registered in Cr.No.148/2023
of respondent Police Station for the offences punishable
u/s 341, 323, 504, 506, 307 r/w 34 of IPC.
2.

It is stated in the bail application that the
petitioner is innocent and has not committed any
offences as alleged in the complaint. The offences
alleged against the petitioner are not punishable either
with death or imprisonment for life. In the FIR or in the
complaint, the name of the present petitioner was not
mentioned. The complainant has not admitted in the
Hospital.

The ingredients of Sec.307 of IPC does not
attract against the present petitioner. At the time of
crime stage the offences are mentioned in the FIR are
all bailable in nature, but the respondent police have
intentionally implicated the petitioner in order to harass
and humiliate him. The petitioner is a permanent
resident of the address shown in the cause title, has
deep roots in the Society. He is ready and willing to
abide by the terms and conditions imposed while
releasing him on bail. In view of registering of FIR, he
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apprehends
his
arrest.

Crl.Misc.No.8535/2023
Hence,
prayed
to
grant
anticipatory bail.
3.

The learned P.P. has opposed the bail application
by filing the objections statement. According to him, the
materials collected during the investigation prima-facie
disclose that the petitioner has committed the offence
alleged against him. Hence, prayed to dismiss the bail
petition filed by the petitioner.
4.

Heard the arguments from learned Counsel for
petitioner and learned Public Prosecutor. Perused the
materials placed on record.
5.

The points that arise for my consideration are:
1. Whether the petitioner is entitled for
anticipatory bail as prayed in the
application filed under Sec.438 of Cr.P.C.?
2. What order?

6.

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

Point No.1:- Sri.Kemparaju S/o Thomas lodged
the complaint against 5 accused persons on 18.08.2023
before
the
respondent/
Police
alleging
that
on
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Crl.Misc.No.8535/2023
17.08.2023 at about 10.30 p.m., the complainant was
sitting by the side of the road near NPS School along
with his friend, at that time accused No.2 was shouting
in high voice and he questioned as to why he was
shouting. In response to it, he abused the complainant
in filthy language and went away. After sometime, he
returned back and informed the complainant that the
accused No.1 wants to talk and handed-over the phone
and he enquired where is the complainant. After
sometime, the accused No.1 along with his friends
accused No.3 and 4 came near his place on Deo vehicle
and
abruptly
abused
the
complainant
in
filthy
language, with an intention to kill the complainant,
accused No.2/petitioner caught-hold the complainant.
Accused No.1 assaulted on his right ear with Dagger
and caused bleeding injury and all the 5 accused
together assaulted him seriously and threatened with
dire consequences. Thereafter, he went to K.C. General
Hospital, took treatment and filed complaint. On the
basis of the complaint, the respondent/Police registered
the case against the petitioners and others for the
aforesaid offences. Petitioner is shown as accused No.2
in the FIR.

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8.

Crl.Misc.No.8535/2023
At the outset, it is material to note that except
offence punishable u/s 307 of IPC all other offences are
bailable in nature. Though Sec.307 of IPC is non
bailable in nature, is not punishable with death
imprisonment. The injured/complainant after taking
treatment in the hospital lodged the complaint. It
means the life of the injured is out of danger. Bail is
rule and jail is exception. The involvement of petitioner
is yet to be proved. The truth is to be ascertained
during the course of trial. Moreover, accused No.1 and 3
are already enlarged on bail in Crl.Misc.No.8146/2023.
The petitioner is ready to furnish surety and ready to
abide by the conditions that may be imposed by this
Court while passing the order. As per the averments of
bail application, the petitioner is the permanent
resident of the address shown in the petition. The
offences alleged against the petitioner are cognizable
offences and as per the provisions of Cr.P.C. the I.O.
may arrest the petitioners without warrant.

The
apprehension of the prosecution can be taken care of by
putting suitable conditions. Having regards to the facts
and circumstances of the case, gravity of the offences
alleged, punishment prescribed for them, petitioner is
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Crl.Misc.No.8535/2023
resident of Mysuru and apprehension of the arrest of
the petitioner by the I.O. in the considered opinion of
this Court the petitioner is entitled to grant anticipatory
bail by imposing appropriate conditions. Accordingly, I
answer this point in the affirmative.
9.

Point No.2:- In view of my findings on Point No.1,
I proceed to pass the following;
ORDER
The bail petition filed by petitioner u/s 438 of
Cr.P.C is hereby allowed and anticipatory bail is
granted.
In the event of his arrest by the I.O. in Crime
No.148/2023 of RMC Yard Police Station, is
directed to enlarge him on bail on executing his
personal bond for Rs.70,000/- with two sureties
for like sum subject to following conditions:
1. Petitioner shall appear before the respondent
police within 20 days from the date of this
order.
2. Petitioner shall not tamper with
prosecution witnesses in any manner.

the
3. Petitioner shall appear before the Court
during trial and co-operate for the disposal
of the case.

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Crl.Misc.No.8535/2023
4. Petitioner shall not commit similar to the
offence alleged against him.
5. Petitioner shall appear before the I.O. as and
when called for investigation.
6. Petitioner shall furnish the attested copy of
his Adhaar card and present residential
address proof to the I.O.
Notwithstanding
this
order
of
anticipatory bail do not in any manner limit
or restrict the rights and duties of the police
or investigating agency, to investigate into
the charges against the petitioner.
(Dictated to the Judgment Writer directly on Computer, typed
by her, taken print out, corrected by me and then pronounced in the
open Court on this the 15th day of September 2023)
(A.V.PATIL)
LXIII Addl. City Civil and Sessions
Judge (CCH-64), Bengaluru City.