1 Crl.Misc.No.3009/2024 KABC010085112024 IN THE COURT OF THE LVI ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH 57) : Present : Sri.T.Govindaiah, B.Com., LL.B., LVI Addl. City Civil & Sessions Judge, Bengaluru. Dated this the 8th Day of April, 2024. Crl.Mi sc.No.3009/2024 PETITIONER 1. Umesh S/o Basavaraju Aged about 33 years R/at Hosakerehalli, 1st stage, BSK 3rd Stage, Bengaluru (By Sri.P.Satish, Advocate) V/s RESPONDENT State of Karnataka By Girinagar Police Station, Bengaluru. (Rep. by: Public Prosecutor) 2 Crl.Misc.No.3009/2024

ORDER

This is a petition filed by the petitioner under Section 438 of Cr.P.C seeking anticipatory bail in the event of his arrest in Cr.No.119/2016 C.C.No.25814/2016 of respondent police for the offences punishable under Secs. 399 and 402 of IPC pending on the file of XXIV Addl. Chief Metropolitan Magistrate, Bengaluru.

2. The petitioner is arrayed as accused No.5 has

sought for bail on the grounds that, he is innocent of the alleged offences. He has not committed any offence. No property has been recovered from the petitioner. The offences alleged are not punishable with death or life imprisonment. The respondent police have submitted the split up charge sheet against the petitioner. Hence he is not required for any further investigation. He is a law abiding citizen. Accused No.1 to 3 are already granted 3 Crl.Misc.No.3009/2024 bail. Hence this petitioner is also entitled for bail on the ground of parity.

3. The prosecution has filed statement of objections

that the prosecution papers prima facie discloses the involvement of the petitioner in the alleged offences. If the petitioner is granted the relief of bail he would tamper with the prosecution witness and evidence. He may flee from justice. He may not co­operate with the investigation and trial. Hence sought for dismissal of the petition.

4. Heard the arguments of both sides.

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; 4 Crl.Misc.No.3009/2024 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 charge

sheet, 23.05.2016 at about 9.15 p.m near Muneshwara block, 19th Main Road, vacant place near Avalahalli government hospital within the jurisdiction of Girinagar police station the accused persons were preparing to commit dacoity by holding deadly weapons. On credible information C.W.1, 3 to 7 came to the spot and conducted raid and secured accused No.1 to 3 and accused No.4 and 5 were escaped from the spot.

8. During the course of investigation the

respondent police have seized 2 knife, 2 iron rod and wooden club from the custody of accused. 5 Crl.Misc.No.3009/2024

9. According to the petitioner he has been falsely

implicated. The alleged seizure is false and created by the police. The counsel for the petitioner argued that, the respondent police is a thickly populated area and it is suddenly provoked and public, not this petitioner, more over this petitioner is not present or participated in the said incidence. Hence this petitioner is also entitled for the bail on the grounds of parity. Further the learned counsel has produced the copy of said orders.

10. Whether the petitioner is involved in the alleged

offence or and whether he was present at the said place in order to commit robbery is a matter of trial. However, the respondent police have seized the weapons and have arrested the accused and they have been remanded to judicial custody. Further custodial investigation of the petitioner may not be necessary.

11. The prosecution has objected for the bail to the

petitioner on the ground that he may commit similar 6 Crl.Misc.No.3009/2024 offences and may flee from justice. He may tamper with the prosecution witnesses and evidence. The petitioner is a permanent residents mentioned in the cause title. He has undertaken to abide by the conditions that may be imposed by the court. The apprehension of the prosecution can be met out by imposing conditions. Considering the nature and gravity of offence, personal liberty of petitioner and the interest of state, the petitioner is entitled for bail with stringent conditions. Accordingly the point is answered in the affirmative.

12. 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. Cr.No.119/2016 C.C.No.25814/2016 of respondent police for the offences punishable 7 Crl.Misc.No.3009/2024 under Secs. 399 and 402 of IPC pending on the file of XXIV Addl. Chief Metropolitan Magistrate, Bengaluru subject to following conditions:­ 1) The petitioner shall execute personal­ bond for Rs.50,000/­ with one surety for the like­sum to the satisfaction of the learned XXIV Addl. Chief Metropolitan Magistrate, Bengaluru. 2) The petitioner shall appear before court regularly. 3) 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. 4) The petitioner shall not get involved in any other criminal activities. 5) The petitioner shall furnish his residential address proof. 6) The petitioner shall not leave the jurisdiction of the court without prior permission. Violation 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 8th Day of April, 2024) (T.Govindaiah) LVI Addl. City Civil & Sessions Judge, Bengaluru. 8 Crl.Misc.No.3009/2024 9 Crl.Misc.No.3009/2024 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. 10 Crl.Misc.No.3009/2024 The petitioner is ordered to be released on bail in the event of his arrest in Cr.No. Cr.No.119/2016 C.C.No.25814/2016 of respondent police for the offences punishable under Secs. 399 and 402 of IPC pending on the file of XXIV Addl. Chief Metropolitan Magistrate, Bengaluru subject to following conditions:­ 1) The petitioner shall execute personal­bond for Rs.50,000/­ with one surety for the like­sum to the satisfaction of the learned XXIV Addl. Chief Metropolitan Magistrate, Bengaluru. 2) The petitioner shall appear before court regularly. 3) 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. 4) The petitioner shall not get involved in any other criminal activities. 5) The petitioner shall furnish his residential address proof. 11 Crl.Misc.No.3009/2024 6) The petitioner shall not leave the jurisdiction of the court without prior permission. Violation of any of the conditions will amount to cancellation of bail automatically. LVI Addl.City Civil & Sessions Judge, Benguru.