The Court of the LXV Additional City Civil & Sessions Judge, Bengaluru City (CCH-66), presided over by Sri Hemanth Kumar C.R., B.A.L., L.L.B., delivered a judicial order on April 2, 2024, allowing a regular bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The ruling in Criminal Miscellaneous Petition No. 3027/2024 extended regular bail protection to Sri Suresh V. (Accused No. 3) in connection with Crime No. 43/2023 (subsequently split-up as C.C. No. 24764/2023) registered by the Govindarajanagar Police Station, Bengaluru. The petitioner faced prosecution for alleged offences punishable under Sections 307 (attempt to murder), 323, 324, 504 read with Section 34 of the Indian Penal Code (IPC).

Factual Matrix and Prosecution Allegations

The criminal proceedings originated from a complaint lodged regarding an incident on February 5, 2023:

• Alleged Confrontation & Assault: The complainant alleged that Accused No. 1 called him over the phone, questioned him regarding messages sent to his sister, issued threats, and demanded his live location. After the location was shared, Accused No. 1, along with Accused No. 2 and Accused No. 3 (the petitioner), visited the spot, during which Accused No. 1 allegedly assaulted the victim with a knife on his right thigh, causing injuries.
• Investigation and Charge Sheet: The police initially registered Crime No. 43/2023 under Sections 323, 324, and 504 read with Section 34 IPC. Following the completion of the investigation, the police filed a charge sheet incorporating the major offence under Section 307 IPC.

Details of the Petitioner

• Name: Sri Suresh V. (Petitioner / Accused No. 3)
• Father’s Name: Venkatesh R.
• Age: About 32 years
• Residential Address: No. 17, 2nd Main, Pipeline Road, Vrushabhavathinagara, Kamakshipalya, Bengaluru – 560079.
• Legal Representation: Sri M.R.M., Advocate

Submissions Advanced by the Parties

On Behalf of the Petitioner

1. Previous Bail and Unavoidable Circumstances: The defense submitted that the petitioner had earlier been granted anticipatory/regular bail by the Sessions Court in Crl. Misc. No. 4247/2023 and Crl. Misc. No. 5729/2023. Although he appeared before the Investigating Officer and the Magistrate on June 2, 2023, he was unable to furnish sureties in time due to unavoidable circumstances—specifically, the sudden demise of his close friend and co-accused (Accused No. 2), who had promised to help arrange the surety.
2. Split-Up Case: Due to the failure to furnish surety in time, the trial court split up the case against the petitioner on September 25, 2023, under C.C. No. 24764/2023, leading to his subsequent remand to judicial custody.
3. Readiness to Furnish Surety: Counsel emphasized that the investigation was already complete with the filing of the charge sheet, and the petitioner was now fully prepared to furnish solvent sureties and cooperate with the trial.

On Behalf of the Respondent (State)

1. Grievous Nature of Offence: The learned Public Prosecutor opposed the bail plea by filing written objections, contending that the charge sheet material established a prima facie case for the grave offence of attempt to murder under Section 307 IPC.
2. Risk of Abscondence: The state argued that since the case had previously been split up due to the petitioner’s absence and failure to furnish surety, releasing him on bail could lead to trial delays, witness intimidation, or abscondence.

Judicial Findings and Legal Reasoning

Upon evaluating the records, prior bail orders, and rival arguments, Judge Hemanth Kumar C.R. recorded definitive findings on Point No. 1:

1. Prior Entitlement to Bail: The court noted that the petitioner had already been granted bail earlier by the Sessions Court, and his current incarceration arose purely from his inability to furnish sureties in time due to extenuating circumstances following the death of Accused No. 2.
2. Completion of Investigation: Observing that the investigation was already finalized and the charge sheet filed, the court held that custodial detention was no longer necessary for investigative purposes.
3. Securing Trial Attendance: Concluding that the petitioner’s rights to personal liberty should be honored upon fulfilling stringent surety conditions, the court held that the application deserved to be allowed.

Final Regular Bail Order and Conditions Imposed

Answering Point No. 1 in the affirmative, the Sessions Court allowed the petition filed under Section 439 Cr.P.C.

The court directed the Govindarajanagar police to release Sri Suresh V. (Accused No. 3) on bail in connection with Crime No. 43/2023 (C.C. No. 24764/2023) upon executing a personal bond for ₹1,00,000/- with one surety for the like sum, subject to the following conditions:

1. Trial Attendance & Cooperation: The petitioner shall appear before the court on all dates of hearing and shall cooperate fully with the trial proceedings.
2. No Tampering: He shall not tamper with evidence or threaten, induce, or allure prosecution witnesses in any manner whatsoever.
3. Non-Recidivism: He shall not involve himself in any criminal activity.
4. Address Proof: He shall produce valid documentation verifying his permanent address.