KABC010081072024 IN THE COURT OF THE LIX ADDL.CITY CIVIL & SESSIONS JUDGE (CCH-60) AT BENGALURU Dated this the 08th day of April, 2024 PRESENT: Sri. K.S. VIJAYA, B.Com, LLM., C/C LIX ADDL. CITY CIVIL & SESSIONS JUDGE, CCH-60 BENGALURU CITY. Criminal Misc.No.2882/2024 PETITIONER: Chandrakumar @ Chandra, S/o. Veeranna, Aged about 32 years, R/at. Soppina Market, Cottonpete Main Road, Bengaluru. (By Sri.Pavan Kumar G., Adv.) V/S RESPONDENT: The State of Karnataka. Through Halasurugate P.S. Bengaluru. (Rep. by Public Prosecutor) 2 Crl. Misc No.2882/2024 ORDER ON BAIL PETITION FILED UNDER SECTION 439 of CR.P.C. The learned counsel for the Petitioner/ Accused has filed Petition U/Sec.439 of Cr.P.C. and prayed to enlarge the Petitioner on Bail in SC.No.474/2021 pending before this court.

2. The brief facts of the Petitioner's case is that the

complainant Police have registered case in Crime No.12/2021 against this Petitioner alleging the commission of offences punishable U/Sec.302 of IPC. The Accused/ Petitioner was arrested on 10.01.2021. As per the case of the prosecution, the deceased had called the Petitioner to have unnatural sexual intercourse with him at about 12.30 am on 10.01.2021. In that event the Accused had assaulted the deceased with a stone and as a result of such assault, the deceased had succumbed to the injuries.

3. The learned counsel for the Petitioner has stated

that the Accused is innocent of the alleged offence, he has not committed the alleged offence and even the allegations made 3 Crl. Misc No.2882/2024 against this Petitioner will not attract the offence punishable U/Sec.302 of IPC. Hence prayed to allow the petition.

4. The Learned Public Prosecutor has filed objection

to the bail petition of the Petitioner contending that the Investigating Officer has filed the charge sheet against this Petitioner. Hence there is prima-facie material exists against this Petitioner to show that he had involved in the alleged crime. The alleged crime is having the social impact and the same may be punishable either with imprisonment for life or the death sentence. Considering the gravity of the alleged offence has prayed to dismiss the bail Petition.

5. Apart from that it is also contended by the Learned

Public Prosecutor that if the Accused/ Petitioner is released on bail, he may indulge in similar offence and also may commit similar offence. Hence prayed for dismissal of the application/ petition. 4 Crl. Misc No.2882/2024

6. After going through the contents of the Petition

and contention taken by the Learned Public Prosecutor, the Points that arise for my consideration are:-

1. Whether the Petition is entitled to

be allowed ?

2. What Order ?

7. Heard the learned counsel for the Petitioner and

also the Learned Public Prosecutor. After considering the materials available on record and after hearing the arguments of both the sides, my answer to the above Points are:- Point No.1 : In the Negative. Point No.2 : As per the final order.

REASONS

8. Point No.1: As SC.No.474/2021 in which the

Petitioner is the Accused is pending before this court, records of SC.No.474/2021 is secured to ascertain the stage of the case. 5 Crl. Misc No.2882/2024

9. I have perused the entire file of SC.No.474/2021.

It is forthcoming from the records that the Petitioner was arrested on 10.01.2021 and was remanded to judicial custody. He remained in judicial custody since then. In the records of SC.No.474/2021, it is forthcoming that material witnesses have already been examined before the court and they have supported the case of prosecution. It reveals that there is prima-facie material to prove the allegations made against this Petitioner. Further the cause title of this Criminal Miscellaneous Petition itself reveals that the Petitioner is resident of Soppina Market (Vegetable Market), Cottonpete Main Road, Bengaluru. Hence in my opinion if the Petitioner is released on bail, there is all chances of absconding himself and it may be difficult for the prosecution to secure the presence of the Accused in case if he left the address which is not a permanent one.

10. Considering the nature and gravity of the alleged

offence, considering the fact that there is prima-facie material available to attract the alleged offence against the Petitioner and also considering the fact that there is no permanent 6 Crl. Misc No.2882/2024 address of the Petitioner as stated in the cause title of the petition itself, I am of the opinion that the Petitioner is not entitled for releasing on bail as sought. Hence, I proceed to hold the Point No.1 in the Negative.

11. Point No.2: For the foregoing reasons, I

proceed to pass the following:-

ORDER

The Petition filed by the Petitioner/ Accused U/Sec.439 of Cr.P.C. is hereby dismissed. (Dictated to the Stenographer Gr.III transcribed by her, corrected by me and then pronounced in Open Court on 8th day of April, 2024). (K.S. VIJAYA) C/C LIX ADDL.CITY CIVIL AND SESSIONS JUDGE, CCH-60 BENGALURU.