KABC010087162024 IN THE COURT OF LXV ADDL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY (CCH-66) PRESENT SHRI. HEMANTH KUMAR. C.R , B.A.L., L.L.B., LXV Addl. City Civil & Sessions Judge, Bengaluru. Dated this the 6 th day of April, 2024 Crl.Misc.No.3088/2024 PETITIONER/S:- ALEX @ ALEXANDER, s/o Muthu, Aged about 28 years, R/at No.20/7, 4th Cross, Near Srinivasa Temple, Maruthi Nagar, Madivala, Bengaluru. [Accused No.2] (By Sri.MVM., Advocate) V/s. RESPONDENT:- STATE OF KARNATAKA, By Adugodi Police Station, Bengaluru. (Rep. by Public Prosecutor) ORDER ON PETITION FILED UNDER SECTION 439 OF CR.P.C This petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner/ accused No.2 on bail in Crime No.296/2023 registered by the Adugodi police for the offences punishable under Sections 143, 147, 148, 302, 307 r/w Section 149 of IPC. 2 Crl.Misc.No.3088/2024

2. Brief facts of the case.-

The complainant has lodged complaint alleging that Sri.Mohan @ Prakash s/o Devaraj has lodged the complaint alleging that on 08.10.2023 at about 9.00 pm., the accused No.1 to 4 along with others came along with Ganesha procession near Anjaneya temple at about 9.00 pm., there was galata between Srinivas, aunt's son of the complainant with Vinay @ Pathu and his friends with respect to Ganesha procession near Adugodi Samudhya Bhavan, at that time deceased Srinivas had stopped Vinay and his friends from dancing, as such the said Vinay had abused Srinivas in filthy language. At that time the said Vinay assaulted Srinivas with dragger on his stomach and after the said assault the friends of Srinivas, Ajith ran away from the spot. The accused persons have assaulted Srinivas on his face, stomach and chest with dragger and long and at that time complainant and his aunt Smt.Indira and Balachandra rescued Srinivas and they were taking the said Srinivas to the hospital, at that time the accused persons have also assaulted the complainant and his aunt with dragger and long and injured, his aunt and tried to kill her. As such the complainant has lodged the complaint. The police on receipt of the said complaint have registered the case in Crime No.296/2023 for the offences punishable under Sections 143, 147, 148, 302, 307 r/w Section 149 of IPC.

3. The petitioner being aggrieved by the same has preferred

this bail petition on the following among other grounds. The petitioner submits that he is innocent of the alleged offences and he has been falsely implicated in the said case at the instance of the complainant. The petitioner submits that from the date of arrest he is in judicial custody, if he is continued to be in judicial custody his entire family members would be put to hardship. The petitioner submits that there 3 Crl.Misc.No.3088/2024 is a delay in framing the charges and the respondent police have already completed the investigation and submitted the charge sheet, thus the custodial interrogation of the petitioner is no more required for further investigation. The petitioner submits that there was no previous ill-will or rivalry regard to any manner and also there was no motive or intention to do so. The petitioner submits that he is earning member of the family, having aged mother who is suffering from severe ailments. The petitioner submits that he is no way connected to the alleged crime and there is no specific overt act attributed against the petitioner and the ingredients of the offence is not forth coming. The petitioner submits that nothing has been recovered at the instance of the petitioner and the offences alleged against the petitioner are not punishable with imprisonment for life or death. The petitioner submits that he hails from respectable family and he is having deep roots in the society and no bad antecedents and he is permanent resident of the address mentioned in the cause title. The petitioner submits that he is ready and willing to abide by the conditions imposed by this court and also co-operate with the trial. Hence prays to allow the bail petition. [

4. After service of notice, the learned Public Prosecutor has

appeared and filed objections contending that the offences alleged against the petitioner is grievous in nature and also further contended that the investigation is still in progress and also the learned Public Prosecutor has further contended that the complaint averments prima facie shows that the petitioner has committed the alleged offences. The learned Public Prosecutor has also further contended that at this stage if the bail petition of the petitioner is allowed there is every chances of the petitioner threatening the prosecution witnesses, destroying the evidence, abscond and hamper the trial. Hence, prays to reject the bail petition. 4 Crl.Misc.No.3088/2024

5. Heard the arguments. Now the points that arise for my

consideration.-

1. Whether the petitioner/ accused No.2 has made out sufficient ground to allow the petition filed under Section 439 of Cr.P.C?

2. What order?

6. My answer to the above points are.-

Point No.1:– In the Negative Point No.2:– As per final order for the following

REASONS

7. Point No.1:- The petitioner counsel has addressed the

arguments contending that the petitioner is innocent of the alleged offences and he has been falsely implicated in the said case at the instance of the complainant and at no point of time the petitioner had involved in the alleged crime either directly or indirectly. The petitioner counsel has further contended that from the date of arrest the petitioner is in judicial custody and there is a delay in framing the charges and the respondent police have already completed the investigation and submitted the charge sheet, thus the custodial interrogation of the petitioner is no more required for further investigation. The petitioner counsel has further contended that there was no previous ill-will or rivalry regard to any manner and also there was no motive or intention to do so and the petitioner is no way connected to the alleged crime and nothing has been recovered at the instance of the petitioner and the offences alleged against the petitioner are not punishable with imprisonment for life or death. The petitioner counsel has further contended that the petitioner is ready 5 Crl.Misc.No.3088/2024 and willing to abide by the conditions imposed by this court and also co-operate with the trial. Hence prays to allow the bail petition.

8. The learned Public Prosecutor has addressed the

arguments contending that the offences alleged against the petitioner is grievous in nature and also further contended that the investigation is still in progress and also the learned Public Prosecutor has further contended that the complaint averments prima facie shows that the petitioner has committed the alleged offences. The learned Public Prosecutor has also further contended that at this stage if the bail petition of the petitioner is allowed there is every chances of the petitioner threatening the prosecution witnesses, destroying the evidence, abscond and hamper the trial. Hence, prays to reject the bail petition.

9. On perusal of the records it is noticed that the in the

present case the investigation is completed and the charge sheet is filed for the offences alleged against the petitioner are under Sections 302, 307, 143, 147, 148 r/w Section 149 of IPC. The petitioner has contended that his name is not appearing in the FIR and also there is no specific overt act against the present petitioner and there is no prima facie case made out against the present petitioner. The petitioner has also further contended that there is no ill-will or motive to commit the alleged offences, the deceased had picked up quarrel and suddenly provoked the accused persons. On perusal of the records it is noticed that the complainant has lodged the complaint alleging that on 08.10.2023 the petitioner along with other accused persons were present at the time of Ganesha procession and also on perusal of the complaint averment and charge sheet there is prima facie materials against the petitioner/ accused persons for having committed the 6 Crl.Misc.No.3088/2024 alleged offences. The offences alleged against the petitioner is under Section 302 of IPC and the offences are grievous in nature. The learned Public Prosecutor has contended that there is digital evidence and the CCTV footage which prima facie shows that the petitioner and other accused are involved in the alleged offences. The petitioner has contended that he is ready and willing to abide by the conditions imposed by this court and also co-operate with the investigation. As the statements of the witnesses, documents and materials collected by the IO during the course investigation prima facie shows that the petitioner involvement along with other accused persons in the alleged offences, though the investigation is completed, at this stage if the petitioner is enlarged on bail there is every chances of petitioner threatening the prosecution witnesses, destroy the evidence, abscond and hamper the trial. In view of the said observation the petitioner has not made out sufficient grounds to allow the petition. Accordingly, I answer the point No.1 in the 'Negative'.

10. Point No.2:- In view of the findings given on point No.1,

I proceed to pass the following.-

ORDER

The petition filed by the petitioner/ accused No.2 under Section 439 Cr.P.C., is dismissed. (Directly dictated to the Stenographer online computer, typed by her, corrected and then pronounced by me in the Open Court on this 6th day of April, 2024) (HEMANTH KUMAR. C.R) LXV Addl. City Civil & Sessions Judge, Bengaluru.