The Court of the XLV Additional City Civil & Sessions Judge, Bengaluru City (CCH-46), presided over by Sri Manjunatha, B.A., LL.B., delivered a judicial order on April 1, 2024, allowing an anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The ruling in Criminal Miscellaneous Petition No. 2993/2024 extended pre-arrest bail protection to two petitioners—Sri Yellappa (Petitioner No. 1 / Accused No. 2) and Sri Y. Harish (Petitioner No. 2 / Accused No. 3)—in connection with Crime No. 495/2023 (subsequently registered as C.C. No. 3615/2024) of the Konanakunte Police Station, Bengaluru, pending before the jurisdictional court. The petitioners faced apprehension of arrest for alleged offences punishable under Sections 307 (attempt to murder), 324 (voluntarily causing hurt by dangerous weapons), 354 (assault or criminal force to woman with intent to outrage her modesty), 384 (extortion), and 506 (criminal intimidation) read with Section 149 of the Indian Penal Code (IPC).

Factual Matrix and Prosecution Allegations

The criminal proceedings originated from a civil and property dispute that escalated into violence:

• The Dispute and Incident: According to the complaint filed by Smt. Bholakshmamma (45 years), on November 26, 2023, at approximately 12:30 PM, while accused persons were measuring a vacant site situated near Telephone Pole No. 194/18/LED/18 at Pillaganahalli, CW.1 to CW.4 inquired about the activity.
• The Alleged Assault: The prosecution alleged that Accused No. 1 stabbed a victim on the left side of the chest with a knife, while Accused Nos. 2 to 4 (including the petitioners) brandished clubs with intent to assault. During the scuffle, CW.1 was pulled by her hair, dragged, and subjected to assault and outraging of modesty.
• Investigation and Charge Sheet: Following the complaint, police registered Crime No. 495/2023. Upon completion of the investigation, the police filed a final charge sheet against the accused persons under Sections 307, 324, 354, 506 read with Section 149 IPC (C.C. No. 3615/2024), prompting the issuance of court process against the petitioners.

Details of the Petitioners

• Petitioner No. 1 / Accused No. 2: Sri Yellappa, son of Venkataswamy, aged about 48 years, residing at No. 1016, Maruthi Layout, Pillaganahalli, Bangalore – 560 083.
• Petitioner No. 2 / Accused No. 3: Sri Y. Harish, son of Yellappa, aged about 28 years, residing near Eswara Temple, Ittanguru, Sarjapura, Bangalore – 562 125.
• Legal Representation: Sri/Smt. M.M. Ashok, Advocate
• Prosecution Representation: Learned Public Prosecutor, State by Konanakunte Police Station

Submissions Advanced by the Parties

On Behalf of the Petitioners

1. Innocence and Civil Nature of Dispute: The defense maintained that the petitioners were innocent, had been falsely implicated, and that the underlying dispute between the parties was essentially civil in nature.
2. Completion of Investigation: Counsel emphasized that the investigation had already concluded with the filing of the charge sheet, meaning custodial interrogation was entirely unnecessary, and furthermore, that the Hon’ble High Court of Karnataka had already granted regular bail to co-accused persons (Accused Nos. 1, 6, and 9) in connected criminal petitions.

On Behalf of the Respondent (State)

1. Opposition to Pre-Arrest Bail: The learned Public Prosecutor filed detailed objections opposing the petition, arguing that the charge sheet materials established a prima facie case regarding involvement in serious offences including attempt to murder.
2. Risk of Flight: The state contended that the petitioners’ earlier bail applications had been dismissed, filing a post-charge-sheet petition did not constitute a sufficient change of circumstances, and granting bail would risk abscondence and witness tampering.

Judicial Findings and Legal Reasoning

Upon evaluating the records, charge sheet materials, and rival submissions, Judge Manjunatha recorded definitive findings on Point No. 1:

1. Civil Undertone and Completed Investigation: The court observed that the core dispute between the parties appeared predominantly civil in nature. Moreover, since the investigation was fully completed and the charge sheet filed, the custodial interrogation of the petitioners was no longer warranted.
2. Principle of Parity: Highlighting that the Hon’ble High Court of Karnataka had already enlarged co-accused (Accused Nos. 1, 6, and 9) on bail in related proceedings, the judge held that the petitioners were entitled to similar consideration.
3. Sufficiency of Conditions: Holding that the apprehensions raised by the prosecution regarding potential witness tampering or failure to appear could be effectively safeguarded by imposing stringent conditions, the court ruled in favor of granting pre-arrest bail.

Final Anticipatory Bail Order and Conditions Imposed

Answering Point No. 1 in the affirmative, the Sessions Court allowed the petition filed under Section 438 Cr.P.C.

The court ordered that Sri Yellappa and Sri Y. Harish be released on anticipatory bail in the event of their arrest in connection with Crime No. 495/2023 (C.C. No. 3615/2024) of Konanakunte Police Station, upon each executing a personal bond for ₹1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court or Investigating Officer, subject to the following strict conditions:

1. No Witness Inducement: They shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing facts to the court or police.
2. No Tampering: They shall not tamper with prosecution witnesses in any manner and shall not intimidate the complainant.
3. Non-Recidivism: They shall not commit similar offences or any offences in future.
4. Court Attendance: They shall appear before the concerned Magistrate Court as and when directed.
5. Jurisdictional Restriction: They shall not leave the jurisdiction of Bangalore City without prior permission.
6. Residence Continuity: They shall not change their place of residence outside the jurisdiction of Bangalore City without prior intimation.
7. Surrender and Appearance: They shall appear before the concerned court within 15 days from the date of the order, failing which the order shall stand canceled.
8. Identity Proof: They shall furnish notarized copies of their residential ID address proofs.
9. Automatic Cancellation: Violation of any of the aforesaid conditions shall result in the automatic cancellation of the bail order.