KABC010085542024 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 2 nd day of April, 2024 Crl.Misc.No.3027/2024 PETITIONER/S:- 1. SRI. SURESH. V. A-3 S/o Venkatesh. R, Aged about 32 years, R/at #17, 2nd Main, Pipe Line Road, Vrushabhavathinagara, Kamakshipalya, Bengaluru -560079. (By Sri. MRM., Advocate) V/s. RESPONDENT/S:- STATE OF KARNATAKA, By Govindarajanagar Police Station, Bengaluru. (Rep. by Public Prosecutor) 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 petitioner/accused No.3 in Crime No.43/2023 2 Crl.Misc.No.3027/2024 (CC.No.24764/2023) registered by the respondent Govindarajanagar police for the offence punishable under Sections 307, 323, 324, 504 r/w Section 34 of IPC.

2. Brief facts of the case.-

The complainant has lodged the complaint alleging that on 05.02.2023 the accused No.1 called CW1 over phone and enquired about the messages sent to his sister by threatening and enquired his presence and his location whereabouts and after sending the location the accused No.1 along with accused No.2 and accused No.3 visited the spot and the accused No.1 assaulted the victim with knife on his right thigh. As such the complainant having sustained injuries, has lodged the complaint against the accused persons. The police on receipt of the said complaint have registered the case in crime No.43/2023 for the offences punishable under Sections 323, 324, 504 r/w Section 34 of IPC. The police after registering the case against the accused No.1 and 2, have been enlarged on bail. Subsequently, the police after completion of the investigation have filed the charge sheet against the accused persons for the offences punishable under Sections 307, 323, 324, 504 r/w Section 34 of IPC.

3. The petitioner being aggrieved by the same has preferred

this bail petition on the following among other grounds. The petitioner submit that he is innocent of the alleged offence and further contended that the complainant police without any proper investigation has falsely implicated the petitioner in the alleged crime and made the petitioner as accused. The petitioner submit that the petitioner was already enlarged on bail before this court in Crl.Misc.No.4247/2023 dated 26.05.2023 and Crl.Misc.No.5729/2023 dated 01.07.2023 after granting bail the petitioner appeared before the IO and also before the XXIV Addl. Chief 3 Crl.Misc.No.3027/2024 Metropolitan Magistrate, Bengaluru on 02.06.2023 the Hon'ble Court was pleased to direct the petitioner furnish surety but due to some unavoidable circumstance the petitioner unable to furnish surety the Hon'ble Court was pleased to split up the petitioner on 25.09.2023 in split up CC.No.24764/2023 hence the petitioner before this court now they were already to furnish surety on this ground. The petitioner submit that the investigation has been completed and the charge sheet has been filed as such the petitioner is not required for further investigation. The petitioner submit that accused No.2 is best friend of the petitioner during pending of the case he was dead he only tried to arrange surety by assuring this petitioner due to sudden demise of accused No.2 unable to arrange surety in the mean while the respondent police were arrested the petitioner the absence before the court and non furnish surety in time was not intentional its bona fide reason. The petitioner is a permanent resident of the address shown in the cause title and he is ready and willing to abide by the conditions imposed by this court and also co-operate with the trial. 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 also further contended that the investigation has been completed and the charge sheet has been filed. As per the charge sheet material there is prima facie case against the accused persons. The learned Public Prosecutor has also further contended that the petitioner has been enlarged on station bail as such the petition under Section 439 of Cr.P.C., is not maintainable. The learned Public Prosecutor has also further contended that if bail petition to the petitioner is allowed, there is every chance of petitioner threatening the prosecution witnesses, destroying the evidence, 4 Crl.Misc.No.3027/2024 absconding and hampering the trail. Hence, prays to dismiss the application.

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

consideration.-

1. Whether the petitioner/ accused No.3 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

arguments contending that the petitioner is innocent of the alleged offence and and further contended that the complainant police without any proper investigation has falsely implicated the petitioner in the alleged crime and made the petitioner as accused. The petitioner counsel has further contended that the petitioner was already enlarged on bail before this court in Crl.Misc.No.4247/2023 dated 26.05.2023 and Crl.Misc.No.5729/2023 dated 01.07.2023 after grant of bail the petitioner appeared before the IO and also before the XXIV Addl. Chief Metropolitan Magistrate, Bengaluru on 02.06.2023 the Hon'ble Court was pleased to direct the petitioner furnish surety but due to some unavoidable circumstances the petitioner unable to furnish surety the Hon'ble Court was pleased to split up the petitioner on 25.09.2023 in split up CC.No.24764/2023 hence the petitioner before this court now 5 Crl.Misc.No.3027/2024 he was ready to furnish surety on this ground. The petitioner counsel has further contended that the investigation has been completed and the charge sheet has been filed as such the petitioner is not required for further investigation. The petitioner counsel has further contended that the petitioner is permanent resident of the address shown in the cause title and the petitioner was ready and willing to abide by the 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 the

arguments contending that the offences alleged against the petitioner is grievous in nature and also further contended that the investigation has been completed and the charge sheet has been filed. As per the charge sheet material there is prima facie case against the accused persons. The learned Public Prosecutor has also further contended that the petitioner has been enlarged on station bail as such the petition under Section 439 of Cr.P.C., is not maintainable. The learned Public Prosecutor has also further contended that if bail petition to the petitioner is allowed, there is every chance of petitioner threatening the prosecution witnesses, destroying the evidence, absconding and hampering the trail. Hence, prays to dismiss the application.

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

has lodged the complaint against the accused person alleging that 05.02.2023 the accused No.1 called CW1 over phone and enquired about the messages sent to his sister by threatening and enquired his presence and his location whereabouts and after sending the location the accused No.1 along with accused No.2 and accused No.3 have visited the spot and the accused No.1 assaulted the victim with knife on 6 Crl.Misc.No.3027/2024 his right thigh. As such the complainant has lodged the complaint against the accused persons. On perusal of the records it is noticed that the police earlier had registered the case in Crime No.43/2023 for the offences punishable under Sections 323, 324, 504 r/w Section 34 of IPC and subsequently after conducting the investigation the police have filed the charge sheet under Sections 307, 323, 324, 504 r/w Section 34 of IPC. The accused person was earlier enlarged on bail and now the police having invoke Sections 307, 323, 324, 504 r/w Section 34 of IPC. The petitioner has contended that he is innocent of the alleged offences and he is ready and willing to abide by the 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. The accused person earlier having been enlarged on bail. The petitioner counsel has contended that the petitioner was earlier enlarged on bail in Crl.Misc.No.4247/2023 and Crl.Misc.No.5729/2023 and has contended that the petitioner could not furnish surety in time and due to unavoidable circumstances the trial court was pleased to split up the case against the petitioners in CC.No.24764/2023 by order dated 25.09.2023 as such the petitioner was ready to furnish surety. Hence, the petitioner has preferred this bail petition. The petitioner has been granted bail in the said Crime No.43/2023 for the offences punishable under Sections 307, 323, 324, 504 r/w Section 34 of IPC. The petitioner has been enlarged on bail by this Court in Crl.Misc.No.5729/2023 and the petitioner having not furnished the surety, the petitioner has been taken to custody and remanded to J.C., the petitioner being aggrieved by the same has filed this petition under Section 439 of Cr.P.C, the petitioner having been enlarged on bail earlier, the petitioner is also now 7 Crl.Misc.No.3027/2024 entitled for the bail. 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/ accused No.3 under Section 439 Cr.P.C., is allowed. The respondent Govindarajanagar police are directed to release the petitioner/ accused No.3 on bail in Crime No.43/2023 (CC.No.24764/2023) registered for the offences punishable under Sections 307, 323, 324, 504 r/w Section 34 of IPC, on execution of personal bond for Rs.1,00,000/- each with one surety for the likesum subject to the following CONDITIONS:-

1. The petitioner shall appear before the court on all dates of hearing and shall co-operate with the trial.

2. The petitioner shall not tamper with the evidence and shall not threaten, induce allure the prosecution witnesses in what so ever manner. 8 Crl.Misc.No.3027/2024

3. The petitioner shall not involve in any criminal activity.

4. The petitioner shall produce the permanent address proof document.

(Dictated to the Stenographer-III, transcribed by her, corrected and then pronounced by me in the Open Court on this 2nd day of April, 2024) (HEMANTH KUMAR. C.R) LXV Addl. City Civil & Sessions Judge, Bengaluru. 9 Crl.Misc.No.3027/2024 Order pronounced in open Court vide separate order with following operative portion:

ORDER

The petition filed by the petitioner/ accused No.3 under Section 439 Cr.P.C., is allowed. The respondent Govindarajanagar police are directed to release the 10 Crl.Misc.No.3027/2024 petitioner/ accused No.3 on bail in Crime No.43/2023 (CC.No.24764/2023) registered for the offences punishable under Sections 307, 323, 324, 504 r/w Section 34 of IPC, on execution of personal bond for Rs.1,00,000/- each with one surety for the likesum subject to the following CONDITIONS:-

1. The petitioner shall appear before the court on all dates of hearing and shall co-operate with the trial.

2. The petitioner shall not tamper with the evidence and shall not threaten, induce allure the prosecution witnesses in what so ever manner.

3. The petitioner shall not involve in any criminal activity.

4. The petitioner shall produce the permanent address proof document.

LXV Addl. City Civil & Sessions Judge, Bengaluru.