1 Crl.Misc.No.2837/2024 KABC010079572024 IN THE COURT OF THE LVI ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH 57) : Present : Sri.T.Govindaiah, B.Com., LLB., LVI Addl. City Civil & Sessions Judge, Bengaluru. Dated this the 27th Day of March, 2024. Crl.Misc.N o.2837/2024 PETITIONER 1. Rakesh S/o Chandrashekar Aged about 32 years R/at No.12, 3rd Main Road, 2nd Cross, Near Shaneshwara Temple, Byraveshwara, Nagarabhavi main road, Bengaluru (By Sri. Lokesh E.L Advocate) V/s RESPONDENT State of Karnataka By RMC Yard Police Station, Bengaluru. (Rep. by: Public Prosecutor) 2 Crl.Misc.No.2837/2024

ORDER

This petition is filed by the petitioner under Section 438 of Cr.P.C. for grant of bail in the event of his arrest in Cr.No.108/2023 (C.C.No.3315/2024) of respondent police for the offence punishable under Sec.364(A), 120B and 392 of IPC pending on the file of IX Addl. Chief Metropolitan Magistrate, Bengaluru.

2. The petitioner is arrayed as accused No.4 and

has sought for bail on the grounds that, he is absolutely innocent of the alleged offneces. He has got valid and tenable defence. He never committed or involved in the alleged crime either directly or indirectly. He has been falsely implicated. His name is not entered in the complaint or in the FIR. There are no eye witnesses to the alleged offence. He hails from respectable family. He has no bad antecedents. He is residing in the address mentioned in the cause title. There is no specific overt act attributed against the petitioner. No prima facei case 3 Crl.Misc.No.2837/2024 is made out against the petitioner. The offences alleged are not punishable with death or life imprisonment. The respondent police have completed the investigation and charge sheet has been filed. Hence he is no more required for the further investigation. He is ready to abide by the conditions that may be imposed. He is ready to furnish surety.

3. The prosecution has filed statement of objections

along with report of IO narrating the facts of the case. Prima facie the prosecution papers discloses the involvement of the petitioner in the alleged offence. If the petitioner is enlarged on bail he may tamper with the prosecution witness. He may abscond. He may not co­ operate with the trial. Hence sought for dismissal of the petition.

4. Heard the arguments of both sides. 4 Crl.Misc.No.2837/2024

5. The following points arise for my

determination:­

1. Whether the petitioner is entitled for anticipatory bail as provided under Section 438 of Cr.P.C.?

2. What order?

6. My findings on the above said points are as

follows; Point No.1 : In the Affirmative Point No.2 : As per final order, for the following :­ [ R E A S O N S

7. Point No.1:­ As could be seen from the

prosecution papers, the complainant was running Bolero Pick up vehicle bearing No.KA­06­AB­0715 on rent. He load the vehicle with Onion and tomato and transporting to Bengaluru and Kolar. On 08.07.2023 the complainant have transport the Tomato as per the order of Mallesh 5 Crl.Misc.No.2837/2024 from Bengaluru to Kolar. The complainant loaded the tomato to the vehicle and when he reached near CMTI Junction, towards Hebbala road, Tumkur road, Bengaluru the complainant stopped the vehicle to have tea. When he returned to spot, he came to know that the vehicle was theft by unknown persons along with 210 tray tomato and two Redmi and vivo phones. Hence the complainant lodged the complaint against the accused.

8. The prosecution contents that he may commit

similar nature of offence. He may abscond. If the petitioner is enlarged on bail chances of securing the petitioner is remote. There are every chances that he may get involved in other criminal activities and not appearing before the court for trial.

9. The truth or falsity of the allegations made

against the petitioner and the defence taken by the petitioner is a matter of investigation and trial. The offence alleged is not punishable with death or life 6 Crl.Misc.No.2837/2024 imprisonment. Whether the petitioner is involved in the alleged offence it matter of investigation and trial. Even if the allegations are found to be true the petitioner can be given a chance to produce such evidence during trial and there is no impediment in granting bail to the petitioner with conditions.

10. The petitioner has undertaken to abide by the

conditions that may be imposed and to appear before the court regularly. He has also undertaken to furnish surety for his appearance before the court. The petitioner appears to be permanent resident of Bengaluru. It is argument of the learned Public Prosecutor that if the petitioner is enlarged on bail he would tamper with the prosecution evidence and would flee from justice. It is for the said reason that conditions are imposed to secure his presence with directions. Considering the nature and gravity of offence, personal liberty of the petitioner and interest of state, the court is of the view that the 7 Crl.Misc.No.2837/2024 petitioner is entitled for bail. Accordingly the point is answered in the affirmative.

11. Point No.2: In view of my findings on point

No.1, I proceed to pass the following:­

ORDER

The petition filed by the petitioner under Section 438 of Cr.P.C., is hereby allowed. The petitioner is ordered to be released on bail in the event of his arrest in Cr.No.108/2023 (C.C.No.3315/2024) of respondent police for the offence punishable under Sec.364(A), 120B and 392 of IPC pending on the file of IX Addl. Chief Metropolitan Magistrate, Bengaluru, subject to the following conditions: 1) The petitioner shall execute personal­ bond for Rs.1,00,000/­ with two sureties for the like­sum to the satisfaction of the learned IX Addl. Chief Metropolitan Magistrate, Bengaluru. 2) The petitioner shall appear before court regularly. 8 Crl.Misc.No.2837/2024 3) ) The petitioner shall not get involved in any other criminal activities. 4) The petitioner shall co­operate with investigation agency during the course of investigation. 5) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case or tamper with the evidence. 6) The petitioner shall furnish his residential address proof. 7) The petitioner shall not leave the jurisdiction without prior permission of the court. Violations of any of the conditions will amount to cancellation of bail automatically. (Dictated to the Stenographer directly on computer, corrected and then pronounced by me in the Open Court on this the 27th Day of March, 2024) (T.Govindaiah) LVI Addl. City Civil & Sessions Judge, Bengaluru. 9 Crl.Misc.No.2837/2024 10 Crl.Misc.No.2837/2024 Order pronounced in open Court (Vide separate order)

ORDER

The petition filed by the petitioner under Section 438 of Cr.P.C., is hereby allowed. 11 Crl.Misc.No.2837/2024 The petitioner is ordered to be released on bail in the event of his arrest in Cr.No.108/2023 (C.C.No.3315/2024) of respondent police for the offence punishable under Sec.364(A), 120B and 392 of IPC pending on the file of IX Addl. Chief Metropolitan Magistrate, Bengaluru, subject to the following conditions: 1) The petitioner shall execute personal­bond for Rs.1,00,000/­ with two sureties for the like­ sum to the satisfaction of the learned IX Addl. Chief Metropolitan Magistrate, Bengaluru. 2) The petitioner shall appear before court regularly. 3) ) The petitioner shall not get involved in any other criminal activities. 4) The petitioner shall co­ operate with investigation agency during the course of investigation. 5) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the 12 Crl.Misc.No.2837/2024 facts of the case or tamper with the evidence. 6) The petitioner shall furnish his residential address proof. 7) The petitioner shall not leave the jurisdiction without prior permission of the court. Violations of any of the conditions will amount to cancellation of bail automatically. LVI Addl.City Civil & Sessions Judge, Benguru.