IN THE COURT OF THE LVIII ADDL.CITY CIVIL AND
SESSIONS JUDGE (CCH-59), BENGALURU CITY.
Dated this the 20th day of June, 2022
PRESENT:
Sri.N.Krishnaiah, B.Sc., LL.B.,
LVIII Addl. City Civil & Sessions Judge (CCH-59),
Bengaluru City.
CRL.MISC.No.6006/2022
PETITIONER
:
Sudeep @ Slum,
S/o Kumar,
Aged about 22 years,
Residing at No.25,
BHK Colony,
Near Gauyathri Temple,
Yeshwanthapura,
Bengaluru.
(By Sri.Krishnamurthy, Advocate)
V/S
RESPONDENT
:
The State of Karnataka by
Govindarajanagar 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
No.111/2022 for the offences punishable under sections 35
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of IPC and section 25(1B)(B) of Arms Act, on the file of 24 th
Additional Metropolitan Magistrate, Bengaluru, by allowing
this petition in the ends of justice.

2. He has further contended that he is an innocent of
the alleged offences and he has been falsely implicated in
this case. Though it is stated that sword seized but it is not
mentioned the exact length and thickness of the same,
hence it leads to doubt on the case of the prosecution. The
complainant has not drawn spot mahazar in the spot, which
is mandatory.

But without drawing a spot mahazar, the
complainant brought the accused persons directly to the
Police Station along with the seized sword. He has been in
judicial custody since13.06.2022. He is not required for
further investigation as the investigation almost completed.
The alleged offences are not punishable with death or
imprisonment for life. He is a permanent resident of the
address shown in the cause title. He is ready and willing to
abide by any terms and conditions that may be imposed by
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this Court and also ready to furnish surety. Hence, he
requested to allow this petition and to enlarge him on bail.

3.

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
sufficient materials on record to show that this petitioner is
also involved along with accused Nos.1 and 2. The
investigation is in progress. At this stage, if he is released
on bail, he may commit similar offences and he may tamper
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?

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5.

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
suomoto
complaint given by ACP, Govindaraja Nagar police station,
the SHO of respondent Police Station, registered this case
against the accused Nos.1 to 3 in crime No.111/2022 for the
offences punishable under sections 35 of IPC and section
25(1B)(B) of Arms Act and send FIR. This petitioner was
arrested on 12.06.2022 and produced before the Learned
Magistrate and he was remanded to judicial custody. At this
stage, this petitioner, who is arrayed as accused No.3 has
come up with this petition for seeking regular bail on the
major ground that there is no sufficient overt act attributed
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against him. The investigation is completed and he is not
required for custodial interrogation.
8.

On this back ground,
on perusal of the entire
materials on record, no doubt as submitted by the learned
Public Prosecutor there is prima facie materials on record to
show that, on 12.06.2022 at about 4-30 pm when ACP along
with his staff were checking the vehicles near Arjun Bar at
about 4-45 pm, these accused Nos.1 to 3 were coming in a
Vogo Company Honda Activa Two wheeler vehicle, When the
complainant and his staff suspected and shown signal to
stop, but they tried to escape.

Then, immediately, the
complainant and his staff surrounded and caught hold those
accused persons and seized dragon type of sword. When
they enquired, the accused persons informed that they
intend to threaten if anybody questioned when they were
committing theft. Accordingly, these accused persons and
seized weapon brought to the Police Station and submitted
a report. Based on the said report, the SHO registered this
case.

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9.

But, as rightly submitted by the learned counsel
for the petitioner though the alleged offences are non
bailable in nature but the same are not punishable with
death or imprisonment for life. Though the investigation is
not yet completed. But this petitioner has been in judicial
custody 13.06.2022. It is not the case of the prosecution
that the petitioner is required for custodial interrogation and
recovery of any weapon. The alleged weapon was already
recovered.

There s no allegation about the criminal back
ground or antecedent against this petitioner. It appears that
the petitioner is a permanent resident of the address shown
in the cause title and he is having deep roots in the society.
When such being the case, the question of flee from justice
is remote chance.

If stringent conditions are imposed for
the purpose of prosecution may be served. Under all the
circumstances and also considering the nature and gravity
of the offences, it is a fit case to extend the discretionary
power in favour of the petitioner and hence, he is entitled
for bail with certain conditions. In view of the above
reasons, I answer the point No.1 in the “Affirmative”.

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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.111/2022 of respondent police for the
offences punishable under sections 35 of IPC and
section 25(1B)(B) of Arms Act, 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
prosecution witnesses and hamper
the prosecution evidence directly or
indirectly.

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

4. He shall not commit similar offences
in future,
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5. He shall attend the court regularly
on all dates of hearing without fail.

6. He shall not leave the jurisdiction of
the trial court till disposal of this
case 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 20th day of June, 2022)
(N.KRISHNAIAH)
LVIII ADDL. CITY CIVIL AND
SESSIONS JUDGE (CCH-59)
BENGALURU CITY.

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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.111/2022 of respondent police for the
offences punishable under sections 399 and 402 of
IPC and section 25 of Arms Act, 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
prosecution witnesses and hamper
the prosecution evidence directly or
indirectly.

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

10.

He shall not
similar offences in future,
commit
C.Misc.No.3701/2020
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11.

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

12.

He shall not leave the
jurisdiction of the trial court till
disposal of this case without
prior
permission,
except
for
medical emergency.
(N.Krishnaiah)
LVIII Addl. City Civil and
Sessions Judge (CCH-59)
Bengaluru City.

C.Misc.No.3701/2020
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