Crl. Misc. No.3229/2024
KABC010091172024
IN THE COURT OF THE LXI ADDL. CITY CIVIL,
SESSIONS JUDGE: BENGALURU CITY
Dated this the 27 th day of April, 2024
-: PRESENT :- SMT.NISHARANI A.C., B.A., LL.B.,
III ACC & SJ, Bengaluru
C/C LXI ACC & SJ
Bangalore, (CCH-62)
CRL. MISC. No.3229/2024
Petitioner/s
:
1. Yashwanth
S/o.Munivenkatappa
Aged about 19 years
R/a.Nera Gangothri Clinic
Yelachenahalli
Bengaluru.
(Accused No.2 is in JC)
(By Sri.N.Sampath Kumar,Adv.)
V/s.
Respondent
:
The State by
K.S. Layout Police Station
Bengaluru.
(Rep. by Public Prosecutor,
Bengaluru.)
Crl. Misc. No.3229/2024
ORDER ON BAIL APPLICATION ONE FILED BY THE
PETITIONER UNDER SECTION 439 OF Cr.P.C.
This criminal Mis. Petition is filed by the petitioner
under Section 439 of Cr.P.C., seeking the relief of regular bail
in relation to the case bearing No-Cr. No.89/2024, which is
registered by the K.S. Layout Police Station, Bengaluru
alleging
that
petitioner
has
committed
the
offences
punishable under Section 399 & 402 of IPC.
2. The petitioner contents that he is innocent of the
alleged offences and he has never committed any offence
either directly or indirectly but he has been falsely implicated
in the instant case by the respondent police only for their
statistical purpose and he hails from respectable family and
has no bad antecedences and he is permanent resident of the
address as mentioned in the remand application and there is
no overt act attributed against him and the alleged offences
are not punishable with death or imprisonment for life and he
is the only earning member in his family and he has got to
look after his mother who is not keeping well and he is ready
and willing to abide by the conditions that may be imposed by
the court and he is also ready to offer solvent surety to the
satisfaction of the court for his release on bail, hence he is
entitled for bail.
Crl. Misc. No.3229/2024
3. On the other hand the learned Public Prosecutor has
filed his objections
along with the report of the I.O. &
opposed the above application that the grounds urged for
granting bail are not satisfactory & since the materials placed
on record prima-facie discloses the involvement of the
petitioner in commission of the alleged offences & now if the
petitioner is granted bail then he may threaten, abscond &
tamper the prosecution witnesses & accordingly prayed for
rejection of the bail petition.
4. In view of the above said facts and circumstances, the
points that arise for my consideration are as follows;
1) Whether the bail petition
filed by the petitioner under
Section 439 of Cr.P.C., deserves
to be allowed?
2) To what Order?
5. I have carefully perused the entire materials available
on record and heard the arguments of learned counsel for the
petitioner
and
the
learned
Public
Prosecutor
for
the
respondent.
6. Now, my findings on the above points are as follows:Point No.1 – In Affirmative
Crl. Misc. No.3229/2024
Point No.2 – As per final Order, for the following;
R E A SON S
7. Point No.1:- On perusal of the FIR &
complaint it
is alleged that 25.03.2024 at about 8.45 p.m., the petitioner
along with other accused within the limits of respondent
police had gathered near Muniyappa Compound, Pipelane
Road, K.S.Layout, Bengaluru by holding deadly weapons and
were hatching a plan to commit dacoity of general public who
passes there and thereby committed the alleged offences
punishable under section 399 and 402 of IPC.
8. Now, it is the contention of the petitioner that he is
innocent and he was not at all present at the alleged spot and
he has been falsely implicated in the instant case and the
offences
alleged
are
not
punishable
with
death
or
imprisonment for life and he undertakes to abide by the
conditions that may be imposed by the court.
9. On the other hand though the prosecution has
opposed the case of the petitioner that if the petitioner is
granted
bail
then
he
may
abscond
and
tamper
the
prosecution witnesses is concerned, the same do not hold any
water as the cause title of the petition, copy of the FIR,
remand application & cause title of the petition one placed on
record discloses that petitioner
is permanent resident of
Crl. Misc. No.3229/2024
Bengaluru and as such his presence can be secured easily
before the Court & I.O.
10. I am aware that this Court cannot and is not
supposed to sift the evidence made available by the
prosecution at the time of deciding the bail petition. However,
only for the purpose of deciding that whether the petitioner is
entitled for bail or not, I discuss the facts alleged by the
prosecution and whatever I say, while disposing of this bail
petition, cannot be construed as an expression of opinion on
the merits of the of the main case.
11. And since the alleged offences of 399 and 402 of
IPC are not at all punishable with death or life imprisonment
and since the alleged offences against the petitioner 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
petitioner has 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.
12.
Point No.2 :- In view of the discussion made on
point No.1 and further holding it in the affirmative, I proceed
Crl. Misc. No.3229/2024
to pass the following:O R DE R
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 on bail in Cr. No.89/2024 of the
respondent police station on executing a
personal bond for Rs.1,00,000/- with one
surety for the like sum amount.
2. That the petitioner shall mark his
attendance before the SHO of the respondent
Police once in a month on every 2 nd Saturday
in between 10.00 a.m., to 8.00 p.m., till filing
of the final report.
3. That the petitioner shall not hold any
threat to the complainant and shall not
tamper with any of the prosecution witnesses
directly or indirectly.
4. That the petitioner shall not leave the
jurisdiction of the trial court without its prior
permission.
5. That the petitioner shall furnish his
residential address proof and that of his
Crl. Misc. No.3229/2024
surety.
6. That if the petitioner fails to obey any
of the above said conditions, then this bail
order automatically stands cancelled.
(Dictated to the Stenographer, transcribed and typed by her, corrected, signed and then pronounced
by me in the open Court on this the 27th day of April, 2024).
(NISHARANI A.C)
C/C LXI ACC & SJ, B’luru