1
Crl.Misc. No.5917/2022
KABC010158902022
IN THE COURT OF THE LXI ADDL. CITY CIVIL,
SESSIONS JUDGE: BENGALURU CITY
Dated this the 22 nd day of June, 2022
-: PRESENT :Sri R.RAVI, B.Sc., LL.B.,
LXI Addl. City Civil & Sessions Judge,
Bangalore, (CCH-62)
CRL. MISC. No.5917/2022
Petitioner/s
:
1
Soori @ RX Soori
S/o.Late Shivanna
Aged about 22 years
R/o.Ganigarapalya
Behind Shobha Forest
Thalaghattapura
Bengaluru.

2
Nithin @ Nithi
S/o.Venkatesh
Aged about 26 years
R/a.No.24, 2nd Cross
2nd Main, Geetha Colony
Yelachenahalli
JP Nagar Post
Bengaluru.
(Accused No.4 & 5 in JC)
2
Crl.Misc. No.5917/2022
(By Sri.Basavaraju.G, Adv.,)
V/s
Respondent
:
State by K.S.Layout P.S.,
Bengaluru City
Rep. by Public Prosecutor, City
Civil Court Complex, Bengaluru.

ORDER ON BAIL APPLICATION ONE FILED BY THE
PETITIONERS UNDER SECTION 439 OF Cr.P.C.
The case of the petitioners is that they are innocent of
the alleged offences and they have never committed nor
involved in the alleged crime either directly or indirectly and
they have been falsely implicated in the instant case only for
statistical purpose and they hails from respectable family and
have no bad antecedents and they are permanent residents of
the addresses as mentioned in the cause title of the petition
and since the instant case is a sue-moto case question of
tampering the witnesses does not arise at all and there is no
specific overt act attributed by the present petitioners and
there is no prima-facie made out against them and there are
no deadly weapons recovered from their possession and the
alleged
offences
are
not
punishable
with
death
or
imprisonment for life and they are ready and willing to abide
by the conditions that may be imposed by the court and they
are also ready to furnish surety to the satisfaction of the
3
Crl.Misc. No.5917/2022
court for their release on bail and since the respondent police
have registered a false case in Cr. No.0193/2022 for the
offences punishable under Section 399, 402 of IPC & under
Section 25(1B)(b), 4 of Arms Act then they prayed for allowing
the above application.

2. On the other hand the learned Public Prosecutor has
filed his objections & opposed the above application that the
grounds urged for seeking bail are not satisfactory & primafacie
discloses
the
involvement
of
the
petitioners
commission of the offences and now at this stage if
in
the
petitioners are granted bail then they may abscond & tamper
the prosecution witnesses which in turn may hamper the trial
& accordingly prayed for rejection of the bail petition.

3. I have heard the arguments of both sides & the points
that would arise for my consideration are as here under;
1) Whether the petitioners have made
out a prima-facie case for grant of bail
as prayed in the bail petition?
2) To what Order?

4. My findings on the above points are as follows:Point No.1 – In Affirmative
4
Crl.Misc. No.5917/2022
Point No.2 – As per final Order, for the following;
R E A SON S
5. Point No.1:- On perusal of the FIR & complaint it is
alleged against the petitioners that they along with other coaccused persons on 09.06.2022 at about 7.00 p.m., had
gathered near pipe line road, Iliyas nagar, K.S. Layout,
Bengaluru equipped with deadly weapons and were hatching
a plan to commit dacoity of the general public who passes
there and thereby committed the alleged offences punishable
under section 399 and 402 of IPC & under Section 25(1B)(b),
4 of Arms Act.

6. Now, it is the contention of the petitioners that they
have not committed any offences as alleged and they are not
at all involved in commission of the offences either directly or
indirectly and a false case has been registered against them
only for statistical purpose.

7. On the other hand though the prosecution has
opposed the case of the petitioners that if the petitioners are
granted bail then they may abscond and tamper the
prosecution witnesses is concerned, the same do no hold any
5
Crl.Misc. No.5917/2022
water as admittedly the petitioners are in judicial custody
since from the date of their apprehension and more over the
cause title of the petition discloses that they are permanent
resident of Bengaluru and their presence can be secured
easily before the Court.

8. And even otherwise since the alleged offences of 399
and 402 of IPC & under Section 25(1B)(b), 4 of Arms Act are
not at all punishable with death or life imprisonment and
since the petitioners are in custody and since the alleged
offences against the petitioners has to be decided through a
thorough trial and since the apprehension of the prosecution
could be met by imposing stringent conditions then looking
into the nature and gravity of the alleged offences, I am of the
considered opinion that the petitioners have made out a
prima-facie case for grant of bail subject to conditions and
accordingly, I have answered the above point No.1 in
affirmative.

9.

Point No.2 :- In view of the discussion made on
point No.1 and further holding it in the affirmative, I proceed
to pass the following:-
6
Crl.Misc. No.5917/2022
O R DE R
The bail petition filed by the petitioners
u/s 439 of Cr.P.C., is hereby allowed subject
to following conditions;
1. That the petitioners are ordered to
be released on bail in Cr. No.0193/2022 of
the respondent police station on executing a
personal bond for Rs.1,00,000/- each with
one surety for each petitioner for like sum
amount.
2. That the petitioners shall appear
before the I.O. within 30 days from the date of
this order and shall co-operate in the matter of
investigation or whenever called by the I.O.
3. That the petitioners shall marks their
attendance once in a month on every 2nd
Saturday till the final report is filed.
4. That the petitioners shall not hold any
threat to the complainant and shall not
tamper with any of the prosecution witnesses
directly or indirectly.
5. That the petitioners shall not leave the
jurisdiction
permission.

of
the
court
without
prior
7
Crl.Misc. No.5917/2022
6. That the petitioners shall furnish their
residential address proof and that of their
surety.
7. That the petitioners shall not indulge
in similar type of offences in future.
8. That the petitioners shall appear
before the trial court regularly without fail on
receipt of the summons.
9. That if the petitioners fails to obey
any of the above said conditions, then this
bail order automatically stands cancelled.
(Dictated to the Stenographer directly on the computer, typed by her, corrected, signed and then
pronounced by me in the open Court on this the 22nd day of June, 2022).

(R.RAVI)
LXI ACC & SJ, B’luru
8
Crl.Misc. No.5917/2022
22.06.2022
P-BG
R-PP
Order
Order pronounced in open Court (vide separate
order) with the following operative portion:ORDER
The bail petition filed by the
petitioners u/s 439 of Cr.P.C., is
hereby allowed subject to following
conditions;
9
Crl.Misc. No.5917/2022
1.

That
the
petitioners
are
ordered to be released on bail in Cr.
No.0193/2022
of
the
respondent
police station on executing a personal
bond for Rs.1,00,000/- each with one
surety for each petitioner for like sum
amount.
2. That the petitioners shall
appear before the I.O. within 30 days
from the date of this order and shall
co-operate
in
the
matter
of
investigation or whenever called by the
I.O.
3.

That
the
petitioners
shall
marks their attendance once in a
month on every 2nd Saturday till the
final report is filed.
4. That the petitioners shall not
hold any threat to the complainant
and shall not tamper with any of the
prosecution
witnesses
directly
or
indirectly.
5. That the petitioners shall not
leave the jurisdiction of the court
without prior permission
10
Crl.Misc. No.5917/2022
6.

That
the
petitioners
shall
furnish their residential address proof
and that of their surety.
7. That the petitioners shall not
indulge in similar type of offences in
future.
8.

That
the
petitioners
shall
appear before the trial court regularly
without fail on receipt of the summons.
9. That if the petitioners fails to
obey any of the above said conditions,
then
this
bail
order
automatically
stands cancelled.

(R.RAVI)
LXI ACC & SJ, B’luru
11
Crl.Misc. No.5917/2022
12
Crl.Misc. No.5917/2022
13
Crl.Misc. No.5917/2022
06.01.2022
P-PRB
R-PP
Order
Order pronounced in open Court (vide separate
order) with the following operative portion:ORDER
The bail petition filed by the
petitioner u/s 439 of Cr.P.C., is
hereby allowed subject to following
conditions;
1. That the petitioner is ordered
to
be
released
No.170/2020)
on
bail
in
(Cr.

C.C.No.1287/2021
pending before IX ACMM, Bengaluru
on executing a personal bond for
Rs.1,00,000/- with one surety for like
sum amount.
2. That the petitioner shall not
hold any threat to the complainant and
shall not tamper with any of the
prosecution
witnesses
directly
or
indirectly.
3. That the petitioner shall not
leave the jurisdiction of the court
without prior permission
14
Crl.Misc. No.5917/2022
4.

That
the
petitioner
shall
furnish his residential address proof
and that of his surety.
5. That the petitioner shall not
indulge in similar type of offences in
future.
6.

That
the
petitioner
shall
appear before the trial court regularly
without fail on receipt of the summons.
7. That if the petitioner fails to
obey any of the above said conditions,
then
this
bail
order
automatically
stands cancelled.
(R.RAVI)
LXI ACC & SJ, B’luru
15
Crl.Misc. No.5917/2022
16
Crl.Misc. No.5917/2022