KABC010006572023
IN THE COURT OF THE LX ADDL. CITY CIVIL & SESSIONS
JUDGE, BENGALURU (CCH 61)
:Present :
Sri Narashimsa.M.V., B.Com., LL.B.,
LX Addl. City Civil & Sessions Judge,
Bengaluru.
Dated: This the 24th day of January, 2023
: Crl.Misc.No. 546/2023:
PETITIONER:-
1. Sohail Ahmed (A-3)
S/o Irshad Ahmed,
Aged about 20 years
R/at No. 12, 1st Main,
C-9 Block, L. R. Nagara
Koramangala,
Bengaluru.
2. Mohammed Siddiq (A-4)
S/o Mehaboob,
Aged about 20 years
R/at No. 23, C-9 Block,
1st Main,L. R. Nagara
Koramangala,
Bengaluru.
(By Sri. T. Sateesha & Associates, Adv)
V/s
RESPONDENT :
The State of Karnataka
By: Adugodi Police Station,
Bengaluru.
(Rep. by: Public Prosecutor)
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Crl.Misc.No.546/2023
ORDER
Petitioners /A-3 and 4 in Adugodi Police Station Crime No.
15/2023 have filed this bail application under Sec. 439 of Cr.P.C for
grant of
bail. Accused No.3 & 4 are alleged to have committed
offences punishable under Sec. 399 and 402 of IPC.
2. Brief facts of the case as forthcoming from the first
information is that first informant is P.S.I of Adugodi Police Station,
in first information, it is stated that on 13.1.2023 credible information
was received that four to five persons had assembled near
Kempegowda Samudaya Bhavana, Kormangala, armed with deadly
weapons, they are making preparation to commit dacioty of common
people.

First informant and his staff went to the spot with panchas
in a private vehicle, reached the spot at about 7.30 pm, HC -11000
went near the group and ascertained their intention, upon receiving
signal complainant and his staff surrounded those persons, five of
them could be caught hold of, they were armed with deadly
weapons, sticks, chilly powder, on enquiry, they revealed their
intention was to commit dacoity.

Crl.Misc.No.546/2023
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3. Petitioners/accused No.3 &4 have urged the following
grounds :
Petitioners are innocent have not committed any offence,
petitioners have been falsely implicated in this case, alleged spot at
the alleged time is a busiest place and commercial building are
located, there is no material evidence to
establish that accused
persons are planning to attack and loot public, except complainant
and his staff there is no any other eye witnesses to say about the
alleged incident. Present Petitioners are no more required for any
purpose
as
investigation.

the
respondent
police
have
completed
their
They are permanent residents of the addresses
mentioned in the cause title, hails from respectable family, they will
abide by any conditions that may be imposed by this Court. Hence
prayed for grant of bail.
4. Learned Public Prosecutor has filed objections to bail
application. In objections the entire averments of first information
are reiterated. In objections it is stated that the offence committed
by the petitioners are heinous in nature.

If petitioners are enlarged
on bail, there is every likelihood that they may commit similar
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Crl.Misc.No.546/2023
offence, threaten the witnesses and destruct the evidence. Hence
prayed for rejection of bail.
5. Heard the learned Advocate for petitioners and the learned
Public Prosecutor.
6. The point that arise for consideration is :
(1) Whether bail application filed by accused
No.3 & 4 in Adugodi Police Station Crime No.
15/2023 deserves to be allowed ?
7. My finding to the above point is in the Affirmative, for the
following :REASONS
8. Point No.1: Along with bail application, copy of the FIR,
First information, remand application, order sheet of learned
Magistrate is produced.

Perusal of the order sheet reveals that
accused No.1 to 5 have been produced before the learned
Magistrate on 14.1.2023 and they have been remanded to judicial
custody.
9. Offences alleged against accused Nos.3 and 4 is not
punishable with life or death imprisonment. In first information it is
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Crl.Misc.No.546/2023
alleged that accused Nos. 1 to 5 were armed with deadly weapons
and had made preparation to commit dacoity. It is pertinent to note
that along with first informant one ASI, four Police Constables and
two panchas were part of
the raiding party.

Majority of the
witnesses are official witnesses, they are police personnel, question
of they being threatened or won over does not arise. The weapons
which petitioners
are said to be possessing have been seized,
considering the age of accused Nos.1 to 5 who are around 18 to 20
years of age and the nature of allegations made against them by
imposing conditions, apprehension of prosecution can be met.
Hence, I answer the above point in the Affirmative and proceed to
pass the following :
ORDER
Bail application filed under Section 439 of Cr.P.C.
by petitioners/A- 3 & 4 is hereby allowed. Petitioners
shall be enlarged on bail in Crime No. 15/2023 of
Adugodi P.S. for the offence punishable under Sec. 399
and 402 of IPC, subject to the following :
CONDITIONS
1. Petitioners/accused Nos. 3 & 4 shall execute
personal bond for a sum of Rs 50,000/- with two
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Crl.Misc.No.546/2023
sureties for the like-sum. One surety shall be working
under state or central government.
2. Petitioners/accused Nos. 3 & 4 shall not
indulge in tampering with the prosecution witnesses.
3. Petitioners/accused Nos. 3 & 4 shall appear
before the Court on all the future hearing dates, unless
exempted by the Court for any genuine cause.
4. Petitioners/accused Nos. 3 & 4 shall not leave
the jurisdiction of this Court without prior permission of
this Court till the case registered against them is
disposed of.
(Dictated to the Stenographer, transcribed and typed by him, after corrections,
pronounced by me in the Open Court on this the 24 th day of January, 2023)
(NARASHIMSA.M.V.)
LX Addl. City Civil & Sessions Judge,
Bengaluru