1 Crl.Misc.No.2817/2024 KABC010078862024 IN THE COURT OF LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH 71) Dated this the 15th day of April, 2024 Present: Sri. Rajesh Karnam.K, B.Sc.,LL.B.,LL.M., LXX Additional City Civil and Sessions Judge, Bengaluru. Crl. Misc. No.2817/2024 PETITIONER/S : Sathish 2 Sathi, S/o Ramu, Aged about 38 years, R/at No.377, Opp.SLV.Cables, Kothanuru Dinne, J.P.Nagar, Bengaluru-560 078. (Rep.by Sri.MM Advocate). -V/sRESPONDENT/S : 1. The State of Karnataka by Kothnuru P.S., Bengaluru (Rep. by Special Public prosecutor)

2. Subbanna.Y.M., S/o.Munithurumalappa, aged about 39 years, R/at No.88, Yarrapanahalli, Doddagubbi Post, Bengaluru-560 077. 2 Crl.Misc.No.2817/2024

ORDER

This bail petition is filed by the petitioner seeking regular bail as jurisdictional police have registered Cr.No.204/2023 for the offences punishable u/sec.341, 323, 342, 365, 395, 504, 506, 109 r/w 149 of IPC and Sec.3(1)(r)(s), 3(2)(v) of SC/ST (POA) Act, 1989.

2. The case of prosecution is that the complainant is

belongs to SC and accused persons are belonging to upper caste namely Narayanappa, Mininajappa, Hemanth, Nagesh, Krishnamurthy, Ramanjaneya, who had civil suit against the complainant which is pending. On 26.07.2023 the accused persons have threatened the the complainant to withdraw the suit and abused him in filthy language and scolded by taking the caste of the complainant and an attempt made by the accused and even threatened to kill him. On 05.08.2023 at about 8.45pm., he has been abducted in a car and they took one golden ring, Rs.50 lakhs belonging to complainant which is kept in his bike and Rs.5,000/-from the complainant’s pocket and even complainant was forced to withdraw the amount of Rs.20,000/- through ATM and without providing food water and anything else he has been kept confined and later police traced and complaint was lodged before the police. 3 Crl.Misc.No.2817/2024

3. The grounds of the petitioner are that the petitioner

is innocent of the alleged offences. The alleged incident took place on 26.7.2023 but the complaint came to be lodged on 28.8.2023. As per the charge sheet, petitioner is accused No.3, the police have implicated this petitioner in order to cover their latches. The petitioner has been enlarged on bail in main case in Cr.No.225/2023 by the Hon'ble High Court of Karnataka at Bengaluru in Crl.Petn.No.348/2024 dtd:15.2.2024. There is no specific allegations made out as against the petitioner. The alleged offences are not punishable with death or imprisonment for life. The petitioner is a earning member of the family having aged parents to look after, if he is arrested, his entire family members would be put to severe hardship and sufferings. The petitioner hails from a respectable family having no bad antecedents. Since the date of arrest he is in judicial custody, if he continued his entire family members would be put to great hardship and sufferings. The petitioner is ready and willing to abide by any terms and conditions imposed by this court, the petition may be allowed is the prayer.

4. As against the petition, the learned Special Public

Prosecutor has filed objection submitting that 4 Crl.Misc.No.2817/2024 accused is not entitled to seek bail as already charge sheet has been filed. Trial is to be conducted. The accused is involved in the offence punishable u/s.395, 364A of IPC. If petitioner is granted bail he may tamper the prosecution witnesses. Accordingly accused should not be granted bail.

5. The learned counsel for the accused submits the

present petitioner has been granted conditional bail in Cr.No.225/2023 of Holenarasipura police station for the offences punishable u/s.307, 341, 427, 120(B), 364(A), 398, 511 of IPC. Therefore as per the order of the Hon'ble HIgh Court of Karnataka he has complied if he is kept in custody in this case. The fruits of bail cannot be enjoyed by the accused, accused may be granted conditional bail as before. The charge sheet is filed before the Hassana court only for the offence punishable u/s.395 of IPC. Under changed circumstances accused may be granted conditional bail is the prayer.

6. On going through the contentions, the following

point arise for my consideration; “Whether the petitioner is entitled to grant of bail u/s.439 of Cr.P.C.,?”

7. My findings to the above point is in the Negative for

the following; 5 Crl.Misc.No.2817/2024 R E A S O N S

8. On going through the material on record, the

question of granting conditional bail to the present petitioner as other accused persons does not arise since the accused has been alleged being involved in the offence punishable u/s.395 of IPC which is similar offence in C.C.No.56335/2016 pending on the board of 10th ACMM Court at Mayohall. Further the same accused No.3 has been arrested in Cr.No.225/2023 of Holenarasipura Taluk which has been allegedly committed on 10.10.2023. There are many number of crimes registered against present accused before different police stations. Considering the bail application of the Hon'ble HIgh Court of Karnataka wherein if accused conditions imposed are very clear as this accused applicant is involved in more than 3 to 4 crimes registered in different police stations the condition that accused shall not indulge in similar offences, condition cannot be imposed. Further as the accused No.3 is actually involved in other crimes, other than the bail granted by Hon'ble HIgh Court of Karnataka on 15.2.2024 in Crl.Petn.No.348/2024 this court is satisfied not to consider the bail application of the accused. Accordingly prayer of learned counsel for the accused is to be rejected. Hence, Point for consideration is answered in the Negative. and I proceed to pass the following; 6 Crl.Misc.No.2817/2024 O R D E R The Petition filed by the petitioner u/s.439 of Cr.P.C. is rejected. (Dictated to the Stenographer Grade-I, transcript thereof is corrected, signed and pronounced by me in open court on this the 15th day of April 2024) (Rajesh Karnam K) LXX Addl.C.C. & Sessions Judge, Special Judge, Bengaluru.