In a significant judicial order delivered on April 3, 2024, the LXV Additional City Civil & Sessions Judge, Bengaluru City (CCH-66), Shri Hemanth Kumar C.R., B.A.L., LL.B., dismissed the regular bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) in Criminal Miscellaneous Petition No. 2903/2024. The court refused to grant regular bail to Madan T.P. (Accused No. 7) in connection with Crime No. 218/2023 (C.C. No. 4359/2024) registered by the RMC Yard Police Station, Bengaluru. The petitioner faces prosecution for grave offences punishable under Sections 143 (unlawful assembly), 395 (dacoity), and 396 (dacoity with murder) read with Section 149 of the Indian Penal Code (IPC).
Factual Matrix and Prosecution Allegations
The criminal proceedings originated from a complaint lodged on November 13, 2023, by a hotel housekeeping worker hailing from Nepal. According to the complaint, the informant and his relative Vijay worked at the Tirupathi Bhimas Hotel in Bengaluru, while other relatives—Anil Bora, Bishal, and Shyam Bora—worked in local glass shops and security agencies.
On the night of November 12, 2023, the relatives gathered near an ATM at the RMC Yard 1st Gate on the occasion of the Diwali festival. At approximately 3:00 AM on November 13, 2023, while waiting near the Kashi Vishwanatha Temple near APMC Yard Gate No. 1, a Tata Ace goods vehicle bearing registration number KA-02/AA-3526 pulled up beside them.
Five to six unknown individuals armed with wooden sticks alighted from the vehicle and threatened the group:
- The assailants forcibly snatched an Mi mobile phone from the complainant and an Infinix mobile phone from Vijay.
- When Anil Bora resisted their attempt to snatch his phone, the assailants struck him on the head with a wooden stick, robbed him of ₹5,200 in cash, and fled the scene in the Tata Ace vehicle.
Following the initial complaint lodged at 8:30 AM on November 13, 2023, the RMC Yard Police registered Crime No. 218/2023 under Sections 395 and 397 IPC. The injured victim, Anil Bora, was admitted to the hospital with severe head trauma but succumbed to his injuries on November 22, 2023. Consequently, the police added Sections 396 (dacoity with murder) and 302 IPC to the case diary. Following investigation, Madan T.P. was arrested on November 28, 2023, and remanded to judicial custody.
The cause title captures the background details of the petitioner:
- Madan T.P. (Accused No. 7): Aged about 20 years, son of Raju, residing at No. 277, 8th Cross, Ravindranagar Gutte, T. Dasarahalli, Bengaluru.
Arguments Advanced on Behalf of the Petitioner
Appearing on behalf of the applicant, learned advocate Sri K.H.M. presented several grounds seeking regular bail under Section 439 Cr.P.C.:
- Non-Inclusion in Initial FIR: The defence pointed out that the petitioner’s name was not in the original FIR or complaint and was added only during subsequent remand applications.
- Claim of Complete Innocence: The petitioner maintained that he was a total stranger to the incident, was not present at the spot, and was falsely implicated by the police.
- Completion of Investigation: Counsel argued that because the police had completed the investigation and filed a formal charge-sheet without seeking extended police custody, pre-trial detention was no longer necessary.
- Local Roots and Undertaking: The applicant highlighted that he is a 20-year-old permanent resident of Bengaluru with no flight risk and promised to abide by all court-imposed conditions.
Objections Raised by the Prosecution
The Public Prosecutor strongly opposed the grant of regular bail, submitting a detailed statement of objections:
- Charge-Sheet Material and Digital Evidence: The prosecution submitted that after a thorough investigation, a formal charge-sheet was filed against the accused group under Sections 143, 395, and 396 read with Section 149 IPC. The prosecution highlighted that CCTV footage and digital evidence established the presence and participation of the Tata Ace vehicle and the accused group during the fatal robbery.
- Grave Nature of Offence: The offense involved gang dacoity on a public road resulting in the loss of human life (Section 396 IPC), carrying penalties of life imprisonment or death.
- Risk of Witness Intimidation and Flight: The prosecution expressed serious concern that if enlarged on bail, the petitioner would threaten surviving eyewitnesses, destroy digital evidence, or abscond to evade trial.
Judicial Findings and Detailed Legal Reasoning
The Sessions Court evaluated the complaint, charge-sheet records, post-mortem findings, and digital evidence to determine Point No. 1: whether the petitioner made out a case for regular bail under Section 439 Cr.P.C.
1. Prima Facie Material and Severity of Penalties
Judge Hemanth Kumar C.R. observed that charge-sheet materials, physical recoveries, and digital evidence established a strong prima facie case against the accused group. The court emphasized that Section 396 IPC is a heinous offense carrying mandatory severe penalties of life imprisonment or the death penalty.
2. Fatal Consequences of the Assault
The court noted that the assault committed during the robbery resulted in the death of the victim, Anil Bora, who died from head trauma during medical treatment.
3. Pre-Trial Incarceration vs. Public Interest
Holding that the filing of the charge-sheet does not automatically entitle an accused to bail in grave capital cases, the court concluded that the risk of witness tampering and the gravity of highway dacoity with murder outweighed the plea for personal liberty.
It remains a settled principle of criminal jurisprudence that an order deciding a bail application is procedural in nature and does not constitute an expression on the ultimate guilt or innocence of the accused, which remains subject to trial.
Final Order
Answering Point No. 1 in the negative, LXV Additional City Civil & Sessions Judge Shri Hemanth Kumar C.R. formally dismissed the regular bail petition on April 3, 2024:
The petition filed by the petitioner/Accused No. 7 under Section 439 Cr.P.C. is dismissed.