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Crl.Misc.No.3233/2024
KABC010091262024
IN THE COURT OF LV ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU (CCC-56)
: Present :
Sri. SHRIRAM NARAYAN HEGDE,
B.A., LL.M.,
LV Addl. City Civil and Sessions Judge,
Bengaluru.
DATED: THIS THE 6TH DAY OF APRIL 2024
CRL.MISC. NO.3233 / 2024
PETITONER/S:
VASANTH KUMAR T. @ BODA
S/O THIMMAPPA
AGED ABOUT 38 YEARS,
RESIDING AT NO. 517/1, 2ND ‘B’
CROSS, 1ST STAGE, 1ST PHASE,
GOKULA, MATHIKERE,
YASHWANTHPURA,
BENGALURU – 560 054.
(By Sri.E.Veeresha, Adv..)
VERSUS
RESPONDENT
THE STATE OF KARNATAKA
BY PEENYA
POLICE STATION, BENGALURU,
(By Public Prosecutor)
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Crl.Misc.No.3233/2024
ORDER
The petitioner / accused No.6 has filed this petition
under Section 439 of Cr.P.C. seeking for an order of bail.
2.

On the complaint filed by Sri. Rupesh M. S/o Manohar
R., a case is registered at the respondent police station in
Cr.No.505/2023 against the accused for offences punishable
u/S.397, 419 of IPC.
3.

The case of the prosecution in brief is that, on
04.12.2023 at about 7-30 p.m. when CW 1 was in his house
bearing No.706, Ajjimane, Nagasandra, Bengaluru – 73,
someone had alarmed calling bell of the house. When the
complainant opened the door, two persons who were in the
police uniform entered the house by stating that they want
to talk with him. 5 persons suddenly barged inside the
house and by showing deadly weapons and by assaulting
the complainant and his mother, robbed cash of Rs.60 lakhs
and golden ornaments in total worth Rs.85 lakhs and went
away. Then the complainant filed the aforesaid complaint.
At the time of investigation, the Investigating officer
arrested the accused, recovered the material objects and
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Crl.Misc.No.3233/2024
after completing his investigation submitted charge sheet
against the accused for the offences punishable u/Ss.
120(B), 419, 395, 397, 201 of IPC and Ss.25(1)(B)(b) of
Arms Act. From the date of arrest, this petitioner is in
judicial custody.

4.

Now, this petitioner / accused No.6 is contending that
he is an innocent person and he has not committed any
offence. He is falsely implicated in this case. He has not at
all involved in the said crime. The main allegation is on the
accused No.3 who is relative of the complainant.

The
investigation is already completed and charge sheet is
already submitted. The Hon’ble High Court has granted bail
to the accused No.3 in Crl. Petition No.394/2024 on
13.02.2024.

This petitioner had approached the Hon’ble
High Court for bail.

The Hon’ble High Court directed this
petitioner to approach the Sessions Court and to file a fresh
bail application u/S. 439 of CrPC.

The name of this
petitioner is not mentioned either in the complaint or in the
FIR.

S.419 of IPC will not attract to this petitioner.

This
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Crl.Misc.No.3233/2024
petitioner was taken to police custody for 10 days and
investigation is committed.

During that period the police
have not seized any deadly weapons, from the possession
of this petitioner. From the date of his arrest this petitioner
is in judicial custody. He is the permanent resident of the
address mentioned in the cause title.

He is the earning
member of his family. He is having aged parents who are
suffering from illness.

He is ready to abide by the
conditions that may be imposed by this court.
attend the court regularly.

He will
Hence, prayed to allow the
petition.

5.

Learned Public Prosecutor has contested this petition
by filing detailed objections by reiterating the case of the
complainant and further contended that there is prima facie
case against this petitioner.

If he is enlarged on bail, he
may tamper with prosecution witnesses and he may
abscond. Hence, prayed to reject the bail application.

6.

The defacto complainant has appeared before this
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Crl.Misc.No.3233/2024
court, through his counsel and seeking permission to assist
the Public Prosecutor. Permission is granted.
7.

Heard arguments and perused the records.

8.

Now the point for determination is as follows.
“Whether the petitioner / accused No.6 has made out
sufficient grounds to grant an order of bail by resorting
to special powers vested in this Court under Section
439 of Cr.P.C.?”
9.

On the basis of the materials available on record
finding to the above point is in the AFFIRMATIVE for the
following.
REASONS
10. I have gone through the entire materials available on
record. In this case, investigation is already completed and
charge sheet is already submitted. In Crl. Petition No. 394 /
2024 the Hon’ble High Court granted bail to the accused
No.3. This court has also granted bail to 3 accused of this
case. It is not in dispute that this petitioner is permanent
resident of the address mentioned in the cause title. There
is no criminal antecedents. Under such circumstances, on
the ground of party this petitioner is also entitle for bail.

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Crl.Misc.No.3233/2024
11. In this regard, the learned counsel for the petitioner
has relied upon the following judgments.
1.
JUDGMENT OF OUR HON’BLE HIGH COURT IN
CRIMINAL PETITION NO.1127/2014 (MANIKANTA VS.
THE STATE OF KARNATAKA).
2.
JUDGMENT OF OUR HON’BLE HIGH COURT IN
CRIMINAL PETITION NO. 3396 / 2022 (SRI SUNIL KULMI
@ SUNNIN @ SATYA AND ANOTHER VS. STATE OF
KARNATAKA).
12. In the aforesaid judgments, the Hon’ble High Court
granted bail on the ground of parity. Same principle applies
to the case in hand.

Stringent conditions will meet the
objection of the prosecution. Hence, the aforesaid point is
answered in the AFFIRMATIVE and proceed to pass the
following.
ORDER
Bail petition filed by the petitioner / accused No.6
under Section 439 of Cr.P.C. is hereby ALLOWED, on the
following conditions.
1.

The petitioner / accused No.6 shall execute a
personal
bond in a sum of Rs.2 lakhs with two
sureties for likesum, before the learned Magistrate.
2.

He shall not tamper with prosecution witnesses in
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Crl.Misc.No.3233/2024
any manner.
3.

He shall not leave the jurisdiction of this court,
without prior permission of this court till disposal of
this case.

4.

He shall be regular in attending the court and he shall
co-operate for expeditious disposal of the case.

5.

He shall furnish his correct address and shall
intimate the change of address, if any.

6.

He shall not involve in any criminal activities.

7.

If, any of the above conditions are violated, the
prosecution is at liberty to move for cancellation of the
bail granted.

(Dictated to the SG-I, transcribed by him and then corrected
by me and then pronounced in the open court on this the 6 th
day of APRIL 2024).
NOTE: The office shall send soft copy of this order to the Jail
Superintendent of concerned jail, immediately, with a
direction to inform the same to the accused.

(SHRIRAM NARAYAN HEGDE),
LV Addl. City Civil & Sessions Judge,
Bengaluru. (CCH-56)
SHRIRAM
NARAYAN
HEGDE
Digitally signed
by SHRIRAM
NARAYAN
HEGDE
Date:
2024.04.06
17:03:57 +0530