KABC010085942024 IN THE COURT OF LXVI ADDL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY (CCH-67) PRESENT SHRI. HEMANTH KUMAR. C.R , B.A.L., L.L.B., LXV Addl. City Civil & Sessions Judge, I/C LXVI Addl. City Civil & Sessions Judge, Bengaluru. Dated this the 5 th day of April, 2024 Crl.Misc.No.3044/2024 PETITIONER/S:- MANOJ. N, s/o Nagaraj, Aged about 24 years, R/at No.11, Near Ganesh Temple, 4th Main, 7th Cross, Sampangiramanagar, Bengaluru. (By Sri. DGSK., Advocate) V/s. RESPONDENT:- STATE OF KARNATAKA, By S.R.Nagar Police Station, Bengaluru. (Rep. by Public Prosecutor) ORDER ON PETITION FILED UNDER SECTION 439 OF CR.P.C. 2 Crl.Misc.No.3044/2024 This petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.21/2024 registered by the respondent S.R.Nagar police for the offence punishable under Sections 504, 506, 324, 307 r/w Section 34 of IPC.

2. Brief facts of the case.-

The complainant has lodged the complaint alleging that on 03.03.2024 night at around 1.45 am, the complainant and his friends by name Nishanth.L, Harshavardhan, Vadivelu, Sendil.M., Manjunatha, Kishan and others came to Mohan Bar in S.R. Nagar, RRMR Road for lunch and they planned to have drinks there and when the complainant near the cashier counter to ask for alcohol to drink, there were two boys standing near the cashier counter, Harshavardhan accidentally stepped on the leg of one of them and they foot into conversation and they left. When they went and sat on the 1st floor of Mohan Bar, after a while Santhosh @ Mule and Stalin and others came near the 1st floor, they started a fight with unspoken words saying which are are you from, why did you come here, they will finish all of you and at that time they said that they are going, they started moving immediately he shouted and started a fight and when they came down from the 1st floor of Mohan Bar and came out, when Nishanth.L was about to strike, he crossed his left arm, then his left arm from forearm to elbow was sustained injuries and the said attempted murder. Immediately Santhosh @ Ordee grabbed the long from Manoj's hand and came to beat all of them and then all of them ran away. Alleging the same the complaint has been lodged. The police on receipt of the said complaint have registered the case in Crime No.21/2024 for the offences punishable under Sections 504, 506, 324, 307 r/w Section 34 of IPC. 3 Crl.Misc.No.3044/2024

3. The petitioner being aggrieved by the same, has filed this

bail petition seeking regular bail on the following among other grounds. The petitioner submits that he is innocent of the alleged offences and has further contended that he has been falsely implicated in the said case at the instance of the persons who are inimically disposed towards petitioner. The petitioner submits that the entire allegation made in the complaint is false and the petitioner is never involved in the alleged offences and the complaint ingredients prima facie does not disclose under Section 307 of IPC. The petitioner submits that there is no prima facie case made out against the present petitioner for the alleged offences and there is no specific overt act attributed against the present petitioner. The petitioner submits that he is ready and willing to abide by the terms and conditions imposed by this court and also co-operate with the investigation. Hence, prays to allow the bail petition.

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

appeared and filed objection contending that the offences alleged against the petitioner is grievous in nature and has also further contended that the offences alleged against the petitioners are under Sections 504, 506, 324, 307 r/w Section 34 of IPC. The offences alleged against the petitioners are under Section 307 of IPC which is grievous in nature. The learned Public Prosecutor has also further contended that complaint averments prima facie shows that the accused persons are involved in the alleged offences and has also further contended that the investigation is still pending and 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 evidence. Hence, prays to reject the bail petition. 4 Crl.Misc.No.3044/2024

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

consideration.-

1. Whether the petitioner 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 Affirmative Point No.2:– As per final order for the following

REASONS

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

argument contending that the petitioner is innocent of the alleged offences and has further contended that the petitioner has been falsely implicated in the said case at the instance of the persons who are inimically disposed towards petitioner. The petitioner counsel has further contended that the entire allegation made in the complaint is false and the petitioner is never involved in the alleged offences and the complaint ingredients prima facie does not disclose under Section 307 of IPC and there is no prima facie case made out against the present petitioner for the alleged offences and there is no specific overt act attributed against the present petitioner. The petitioner counsel has further contended that the petitioner is ready and willing to abide by the terms and conditions imposed by this court and also co-operate with the investigation. Hence, prays to allow the bail petition.

8. The learned Public Prosecutor has addressed arguments

contending that the offences alleged against the petitioner is grievous in nature and has also further contended that the offences alleged against 5 Crl.Misc.No.3044/2024 the petitioners are under Sections 504, 506, 324, 307 r/w Section 34 of IPC. The offences alleged against the petitioners are under Section 307 of IPC which is grievous in nature. The learned Public Prosecutor has also further contended that complaint averments prima facie shows that the accused persons are involved in the alleged offences and has also further contended that the investigation is still pending and 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 evidence. Hence, prays to reject the bail petition.

9. On perusal of the records, it is noticed that the complainant

has lodged the complaint alleging that on 03.03.2024 night at around 1.45 am., they had been to Mohan Bar along with Nishanth.L, Harshavardhan, Vadivelu, Sendil.M., Manjunatha, Kishan and others came to Mohan Bar in S.R. Nagar, RRMR Road for lunch and when they came near Mohan bar they decided to have lunch and for consuming drinks and when the complainant was standing near the cash counter at that time two persons standing in the cash counter, out of them one has stepped on the leg by Harshavardhan and they having altercations with the complainant and others and later they went away and the complainant and others went to 1st floor of Mohan bar and they sat, at that time Santhosh @ Mule and Stalin and others came there and asked the complainant and other to which area they belongs to and they threatened to kill them and also abused the complainant with filthy language and unparliamentary words and later the accused persons have assaulted Nishanth with beer bottle and there was quarrel between them and later the complainant and others came from the 1st floor and at that time one Manjo who was holding long, Santhosh 6 Crl.Misc.No.3044/2024 grabbed the long and attempted to assault with the said long on Nishanth and the said Nishanth having kept his left hand, the said Nishanth sustained injuries to his left arm with the said long and caused bleeding injuries and also snatch the long and tried to assault on them, as such all of them ran away from the said place. As Nishanth had sustained bleeding injuries with the assault, was taken to the hospital and later the complaint has been lodged. On perusal of the records it is noticed that the offences alleged against the petitioner are under Sections 504, 506, 324, 307 r/w Section 34 of IPC. In the present case the petitioner has been arrested and he has been remanded to judicial custody and has from the date of arrest the accused is in judicial custody. The petitioner submits that he is ready and willing to abide by the terms and conditions imposed by this court and also co-operate with the investigation. The petitioner has also contended that the injuries sustained by the complainant is not grievous and he has been discharged from the hospital and also has produced the discharge summary. The apprehension of the prosecution is that if the bail petition of the petitioner is allowed, there is every chance of the petitioner threatening the prosecution witnesses, destroying the evidence, absconding and tampering the trial. In the present case the accused is in judicial custody from the date of arrest and the accused has not been taken to police custody for investigation, as such it shows that the present accused is not required for further investigation. Though the offences alleged against the petitioners is grievous in nature and as the case is still under the stage of investigation at this stage it cannot be said that the petitioners has committed the alleged offences. The petitioner having contended that he is ready and willing to abide by the terms and conditions imposed by this court and also co- operate with the investigation. The said apprehension of the 7 Crl.Misc.No.3044/2024 prosecution can be satisfied by imposing stringent conditions. 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 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 hereby allowed. The petitioner is ordered to be released on bail in Crime No.21/2024 registered by the S.R.Nagar police for the offence punishable under Sections 504, 506, 324, 307 r/w Section 34 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.3044/2024

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, transcribed by her, corrected and then pronounced by me in the Open Court on this 5th day of April, 2024.) (HEMANTH KUMAR. C.R) LXV Addl. City Civil & Sessions Judge, I/C LXVI Addl. City Civil & Sessions Judge, Bengaluru.