KABC010085172024 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 06th day of April, 2024 Crl.Misc.No. 3011 of 2024 PETITIONER/S:- Madhu, S/o Pillappa Aged about 33 years, R/at No. 13, MRS Palya Nandidurga Road Gangamma Temple, Ganga Bhavani Quarters, Channappa Garden, JC Nagar Bengaluru – 560 046 (Accused No.1) (By Sri. L. Dayananda., Advocate) V/s. RESPONDENT/S:- STATE OF KARNATAKA, By JC Nagara Police Station, Bengaluru. (Rep. by Public Prosecutor) 2 Crl.Misc.No.3011/2024 ORDER ON PETITION FILED UNDER SECTION 439 OF CR.P.C This petition is filed under Section 439 of Cr.P.C., seeking anticipatory bail to the petitioners accused No.1 in Crime No.208/2023, S.C. No. 361/2024 registered by the respondent JC Nagara Police for the offence punishable under Section 307 of IPC.
2. Brief facts of the case.-
One Naresh S/o. Late. Ashok resident of Benson Town, J.C. Nagar, Bengaluru has lodged complaint alleging that he was working as painter on 20.12.2023 at about 9:30 p.m., the complainant along with his brother and friend was celebrating the birthday of his brother Arun at that time the accused who is also resident of same area came near the complainant and asked the complainant to clear the road. The complainant questioned to the accused person and the accused abused the complainant using vulgar words and threatened the complainant with dire consequences and threat to his life, the complainant had been near to his house at that time the accused followed the complainant and assaulted the complainant with a knife on his abdomen. The complainant started to bleeding and his brother and friend have shifted the complainant to Lady Curzon Hospital for treatment. The complainant having given statement against the 3 Crl.Misc.No.3011/2024 accused and the police have registered case in Cr. No. 208/2023 for an offence punishable under Section 307 of IPC. The police have filed the charge sheet in CC No. 4563/2024 against the accused and the accused is in Judicial Custody and the present case has been committed to this Court in S.C. No. 361/2024. The accused from the date of arrest is in Judicial Custody.
3. The petitioner being aggrieved by the same has preferred
this bail petition on the following among other grounds. The petitioner counsel submits that the accused is innocent of the alleged offence and further the petitioner counsel contended that the entire case is depends upon circumstantial evidence and further petitioner counsel contended that nowhere in the complaint complainant mentioned the motive or men-srea for the alleged offence and the petitioner neither directly nor indirectly involved in the alleged offences. The petitioner submits that the complainant has simple injuries and has been discharged from the hospital. The petitioner has also further contended that he is driver in BBMP and he is the sole earning member of his family and has further contended that he has not at all involved in any sort of offence which violation of the provisions of IPC. The complaint averments does not attract the offence alleged U/s. 307 of IPC. The petitioner has also further contended that he is also ready and willing to abide by the terms and conditions imposed by this Court and also co-operate with the trial. Hence, prays to allow the bail petition.
4. After service of the notice the learned Public Prosecutor has
appeared and filed objections to the said application contending that the 4 Crl.Misc.No.3011/2024 offences alleged against the petitioner is grievous in nature and also further contended that the offence alleged against the petitioner is under Section 307 of IPC. The learned Public Prosecutor has further contended that complaint averments prima facie discloses that the petitioner is involved in the alleged commission of offence. The learned Public Prosecutor has further contended that in the present case the investigation has been completed and the charge sheet has been filed at this stage if the bail petition of the accused is allowed there is every chances of accused threaten the prosecution witnesses, destroy the evidence, abscond and hamper the trial. Hence, prays to reject the bail application.
5. Heard the arguments. Now, the points that arise for my
consideration.- Whether the petitioner has made out sufficient grounds to allow the application filed under Section 439 of Cr.P.C.? What order?
6. My answer to the above points are.-
Point No.1:– In the Affirmative 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 the ingredients of the complaint prima facie discloses that the offence under Section 307 of IPC does not attracted. The petitioner 5 Crl.Misc.No.3011/2024 counsel has also further contended that complainant has got minor injuries and he has been discharged from the Hospital as such the offence under Section 307 of IPC is not made out. The petitioner counsel contended that the petitioner is working as driver in BBMP and he is the sole earning member of his family and the petitioner is ready and willing to abide by the terms and conditions imposed by this Court and also co-operate with the trial. The petitioner counsel has contended that in the present case investigation has been completed and charge sheet has been filed as such the petitioner is not required for further investigation. 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 complaint averments prima- facie shows that the petitioner has involved in the alleged commission of offence. The learned Public Prosecutor has address the arguments contending that the investigation has been completed and the charge sheet has been filed at this stage if the bail petition of the petitioner is allowed there is every chance 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 complainant
has lodged complaint against petitioner alleging that he was working as a painter. On 20.12.2023 at about 9:30 p.m., the complainant along with his brother was celebrating the birthday of his brother Arun, at that time the accused is also resident of the same area came near the 6 Crl.Misc.No.3011/2024 complainant and asked him to clear the road and also quarreled with the complainant and also abused the complainant by using vulgar words and threatened him with dire consequences. When the complainant had been near his house at that time the accused assaulted the complainant with knife on his abdomen and caused injuries. The complainant was shifted to Lady Curzon Hospital for treatment by his brother. Alleging the said facts the complainant has lodged the complaint. On perusal of the records it is noticed that in the present case the accused has been arrested and remanded to judicial custody. The police have filed charge sheet against the accused person in SC No.361/2021. The petitioner has contended that in the present case the investigation has been completed. The petitioner has contended that he is innocent of the alleged offences and he is ready and willing to abide by the terms and conditions imposed by this court and also co-operate with the trial. The prosecution has contended that if the bail petition of the petitioner is allowed there is every chances of petitioner threatening the prosecution witnesses, destroy the evidence, abscond and hamper the trial. On perusal of records it is noticed that the offence alleged against the petitioner is not punishable with imprisonment for life or death and the offences alleged against the petitioner is grievous in nature and the same has to be proved by the prosecution during the course of trial as of now it cannot be said the petitioner has committed the alleged offence. The petitioner has contended that he is ready and willing to abide by the terms and conditions imposed by this Court and also co-operate with the trial. Admittedly, the petitioner is the resident of the address shown in the cause title. If at all during the course of trial, the prosecution is able to 7 Crl.Misc.No.3011/2024 prove the guilt of the petitioner, he can be dealt with in accordance with law. Considering all these facts, I am of the opinion that the petitioner can be enlarged on bail by imposing certain conditions, which would meet the apprehension of prosecution. Accordingly, I answer the point No.1 in the Affirmative.
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 under Section 439 Cr.P.C., is allowed. The respondent JC Nagar police are directed to release the petitioner on bail in Crime No.208/2023 registered for the offence punishable under Section 307 of IPC, on execution of personal bond for Rs.1,00,000/- with two sureties for the likesum subject to the following CONDITIONS:-
1. The petitioner shall appear before the court on all the dates of hearing.
2. The petitioner shall appear before the I.O whenever he is called upon for the purpose of further investigation.
3. The petitioner shall not involve in any criminal activities. 8 Crl.Misc.No.3011/2024
4. The petitioner shall not tamper with the evidence and shall not threaten, induce allure the prosecution witnesses in whatsoever manner.
5. The petitioner shall not leave the jurisdiction of the court without prior permission of the court.
6. The petitioner to produce permanent address proof document.
(Dictated to the Stenographer-III, transcribed by her, corrected and then pronounced by me in the Open Court on this 6nd day of April, 2024) (HEMANTH KUMAR. C.R) LXV Addl. City Civil & Sessions Judge, Bengaluru. 9 Crl.Misc.No.3011/2024 (OrderpronouncedinopenCourtvide separateorderwithfollowingoperative portion:)
ORDER
The petition filed by the petitioner under Section 439 Cr.P.C., is allowed. The respondent JC Nagar police are directed to release the petitioner on bail in Crime No.208/2023 registered for the offence punishable under Section 307 of IPC, on execution of personal bond for Rs.1,00,000/- with two sureties for the likesum subject to the following: CONDITIONS:-
1. The petitioner shall appear before the court on all the dates of hearing.
2. The petitioner shall appear before the I.O whenever he is called 10 Crl.Misc.No.3011/2024
upon for the purpose of further investigation.
3. The petitioner shall not involve in any criminal activities.
4. The petitioner shall not tamper with the evidence and shall not threaten, induce allure the prosecution witnesses in whatsoever manner.
5. The petitioner shall not leave the jurisdiction of the court without prior permission of the court.
6. The petitioner to produce permanent address proof document.
LXV Addl. CC & SJ, C/c LXVI Addl. CC & SJ, (CCH-67) Bengaluru.