The LXII Additional City Civil and Sessions Judge in Bengaluru has granted bail to Munivenkata, popularly known by his alias “Mental Macchi,” who was arrested in connection with a case involving the preparation to commit dacoity. The court, presided over by Judge A. Earanna, observed that since the investigation is complete and a charge sheet has already been filed, there is no further necessity for the custodial interrogation of the accused.
Munivenkata, identified as Accused No. 5 in Crime No. 234/2022 registered by the Bellandur Police Station, had been in judicial custody following a raid conducted by the police in late 2022. The case was registered under Sections 399 and 402 of the Indian Penal Code (IPC), which pertain to making preparation to commit dacoity and assembling for the purpose of committing dacoity, respectively.
The Incident and Police Raid
The prosecution’s case dates back to October 2, 2022. According to the police report, the complainant received credible information at approximately 6:30 pm regarding a group of individuals assembled unlawfully at a Eucalyptus yard located at Chikkanayakanahalli Dinne, within the limits of the Bellandur Police Station.
The informant suggested that 4 to 5 persons were equipped with deadly weapons and were actively discussing a plan to attack and loot members of the public passing through that specific road. Acting on this tip, the police team conducted a raid on the spot. Upon observing the activities and overhearing the discussions of the group, the police moved in and apprehended three individuals, while others were later linked to the conspiracy. The police claimed to have seized incriminating articles and deadly weapons from the possession of the accused persons at the scene.
Arguments for Bail and Change of Circumstance
Represented by advocate Anjanappa K.H., the petitioner, Munivenkata, argued that he was absolutely innocent of the charges. The defense contended that Munivenkata was not involved in the alleged crime either directly or indirectly and that no illegal items were recovered from his actual physical possession. It was argued that the police had implicated him based on recovery claims that were not substantiated by independent eye witnesses.
A crucial point in the bail application was the “change of circumstance.” The court noted that a previous bail petition (Crl. Misc No. 11315/2022) filed by Munivenkata had been rejected earlier. However, the defense pointed out that since that rejection, the respondent police had completed their investigation and filed the final charge sheet (CC No. 37279/2022) before the 41st ACMM Court, Bengaluru. The defense argued that with the charge sheet filed, the accused was no longer required for interrogation, and his continued detention would serve no investigative purpose.
Opposition by the Prosecution
The Public Prosecutor strongly opposed the grant of bail, citing the criminal nature of the assembly and the potential threat to public safety. The prosecution highlighted that bail applications for other co-accused in the same crime had been rejected by various courts. The state expressed apprehension that if “Mental Macchi” were released, he might abscond, tamper with prosecution witnesses, or indulge in similar criminal activities, thereby obstructing the trial process.
The Court’s Findings and Decision
In its reasoning, the court analyzed the materials available in the charge sheet. Judge Earanna noted that the offences alleged—Sections 399 and 402 of the IPC—are not punishable by death or life imprisonment. The court also took into account that the petitioner is a permanent resident of Ibbaluru, Bengaluru, which minimizes the risk of him fleeing from justice.
The judge observed, “No purpose would be served by further detaining the petitioner in judicial custody.” The court emphasized that the chance of the petitioner absconding is remote if stringent conditions are imposed. Consequently, the court found the arguments of the defense regarding the completion of the investigation to be a valid ground for granting relief.
Bail Conditions Imposed
The court allowed the petition under Section 439 of the Cr.P.C. and ordered the release of Munivenkata on the execution of a personal bond for Rs. 1,00,000 with one surety for a like sum. To ensure the integrity of the trial, the court imposed the following strict conditions:
- Appearance: The petitioner must appear before the concerned trial court on all hearing dates without fail, except under unavoidable circumstances.
- Jurisdiction: The petitioner is prohibited from leaving the jurisdiction of the court without prior permission.
- Tampering: The petitioner shall not threaten prosecution witnesses, tamper with evidence, or involve himself in any similar criminal offences.
- Cancellation: The prosecution is at liberty to move for the cancellation of bail if any of these conditions are violated.
The court clarified that these observations are limited to the bail proceedings and do not reflect an opinion on the final merits of the dacoity preparation case. With the filing of the charge sheet and the granting of bail, the case will now proceed toward the trial stage.