KABC010224502022 Presented on : 18-08-2022 Registered on : 18-08-2022 Decided on : 26-09-2022 Duration : 0 years, 1 months, 8 days BEFORE THE LXVI ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY. (CCH­67) DATED: This the 26th day of September, 2022 PRESENT Sri. S. NATARAJ., BAL., LLB. LXVI Addl.City Civil & Sessions Judge, Bengaluru Crl.Misc.No. 8225/2022 Petitioner: Saloman @ Salo, S/o Seena, Aged 29 years, R/at No.413, 2nd Cross, Ambedkar Nagar, Adugodi, Bengaluru. (By Sri.H.N.Ramesh,Advocate.) /Vs/ Respondent: State by: Koramangala Police Station, Bengaluru. (By Public Prosecutor.) 2 Crl.Mis.8225/2022 ORDERS ON Accused No.8/Saloman has filed bail application under Section 439 Cr.P.C seeking regular bail in the above case charge sheeted by complainant police for the offences punishable under Sections 143, 145, 147, 148, 120­B, 201, 307, 302 read with Section 149 IPC and Section 25(1) (1b) 27(3) of Indian Arms Act.

2. The case of accused No.8 in brief are as follows:

That he is innocent and law abiding citizen has not at all committed the offence alleged. He was not present at the place of incident, he is a stranger to incident he has been falsely implicated due to political influence, the accused is not required for further judicial custody, charge sheet has been submitted. The name of the petitioner is not mentioned in the FIR, after investigation in the voluntary statement he has been included. He is permanent resident, he is ready and willing to abide by the conditions. No recovery are made from him. The allegations are against other accused Nos.1 to 3 and no allegations against this accused and prayed to allow the application. 3 Crl.Mis.8225/2022

3. The learned Public Prosecutor filed objections with

report of investigation officer and copy of the complaint in Cr.No.98/2022 registered by Adugodi Police station on the complaint of CW­1 Jenifer wherein he has contended that the application is not maintainable, the accused No.8 along with other accused persons in furtherance of common object with intention to murder Joseph Babu they followed the deceased with deadly weapons attacked him in Union Bank and caused injury to deceased while CW­1 has attempted to save her husband she was also assaulted to her left hand. This accused along with other accused is responsible for death of deceased. In the objections it is reiterated the allegations in the complaint. The investigation is completed, charge sheet has been filed, if the accused is released on bail he may commit similar offences and threaten the prosecution witnesses, already complaint has been filed by the complainant for threatening her. He is a friend of accused No.11 and threatened the complainant. Therefore prayed to reject the application. 4 Crl.Mis.8225/2022

4. Heard the arguments of both sides and perused

the record.

5. Out of above said facts and circumstances of the

case, the points that arose for consideration are as under: Point No.1:Whether the petitioner/accused No.8 is entitled for bail on the complaint of Smt.Jennifer registered by the respondent? Point No.2: What Order?

6. My answer to the above points are as under:

Point No.1: In the Negative. Point No.2: As per the final order for the following reasons.:

REASONS

7. Point No.1: The learned counsel for accused No.8

argued that the allegations against this accused is that he had followed the deceased along with accused No.9, he was not actually involved in the incident. The other accused persons are committed the death of deceased. The allegations against accused required to be proved during trial, he is in custody since his arrest, continuation of custody is not required, charge sheet has been filed he has 5 Crl.Mis.8225/2022 been falsely implicated, he is ready and willing to abide by the conditions and prayed to allow the petition.

8. The learned Public prosecutor addressed

arguments opposed the petition stating that the accused and other accused persons have committed the heinous offence there are material evidence on record to believe that the accused No.8 committed the offence in conspiracy with other accused persons in furtherance of common object and he has helped other accused to eliminate the deceased, during pendency of the case that the accused have threatened her, if the accused is released they may commit similar offence of danger to the life of CWs 1 and 2 and prayed to dismiss the application. He relied on the report of Investigation Officer.

9. After hearing arguments of both sides, the

allegations in the charge sheet is that on 19.7.2021 at 10.15 deceased Joseph Babu to obtain TC of her daughter Kum.Jesica and to obtain information from Union Bank, they were about to proceed to above said place, at that time accused No.11 met them and he asked the deceased where 6 Crl.Mis.8225/2022 he is going and he informed that he is going to Union Bank for work and accused No.11 through his phone informed the accused No.1 at 10:23 a.m. stating that the deceased along with his wife and daughter are proceeding to Union Bank and he is wearing orange colour T­shirt. Thereafter CW­1 along with her husband and daughter left the house in Motor cycle No.KA­02 KE­7057 through RR Nagar Kadugodi Main Road on RR Nagar 1st main, CW­2 met them who in turn followed the deceased along with CW­3 in a motor cycle to Narayana E Techno School, after taking TC of deceased daughter at Narayana E Techno School, they were proceeded to Union Bank at Koramangala, 8th Block, at 1:30 p.m., accused Nos.8 and 9 followed deceased Joseph Babu accused No.8 from his mobile informed the accused No.1 at 12:14 p.m. and he was in touch with him and informed that the deceased is wearing orange colour T­ shirt and proceeded towards Union Bank and confirmed the information of deceased.

10. That CW­1 near Union Bank got down from two

wheeler when they were proceeding accused Nos.1 to 7 7 Crl.Mis.8225/2022 with machet with old enmity came there to kill the deceased, CW­2 caught hold of accused No.1 he assaulted with chopper on his hand then CW­3 escaped from there and observed from little distance. Accused No.4 with machet tried to assault CW­2 who also escaped, that the accused surrounded Joseph Babu with chopper and he went inside Manager Chamber of Union Bank and closed the door, accused Nos.1 to 3 followed him damaged glass door of Manager chamber with machet indiscriminately assaulted the deceased, when CW­1 tried to intervene to rescue her husband assaulted CW­2 with chopper, CW­3 Jesica the daughter of deceased due to fear screamed loudly and pleaded not to kill him inspite of it they killed him. Accused No.4 to 9 who were waiting outside the bank ran away with accused Nos.1 to 3.

11. After the incident the accused Nos.1 to 9

absconded on 20.07.2021 they went to Dharmastala with intention to destroy the evidence accused Nos.1 and 8 thrown mobile phones to Netravathi river accused Nos.1 to 9 thrown blood stained cloths to the river. They stayed in 8 Crl.Mis.8225/2022 Suketh Guest House obtained receipt in the name of accused No.4 accused No.1 and 4 were arrested.

12. On 23.7.2021 accused Nos.2, 3, 5, 6, 7, 8 and 9

were arrested in their voluntary statement they disclosed the name of accused Nos.1, 4, 10 bout the enimity with the deceased.

13. Further investigation they collected the CC TV

footages from house No.267, Kadugodi Main Road, Koramangala 8th Block and found accused Nos.1 to 3 persons in the incident. That on 16.9.2021 and 21.9.2021 test identification parade was conducted, CW­1 identified accused Nos.1 to 3, CWs 2 and 3 identified accused Nos.1 to 3, CW­4 and 6 identified accused Nos.5 and 7. That accused Nos. 8 and 9 in furtherance of common intention along with other accused persons in conspiracy a sper the instructions of accused No.10 they helped accused No.1 and other accused by disclosing the movement of deceased thereby committed the offence punishable under Sections 143, 145, 147, 148, 120­B, 201, 307, 302 read with Section 149 IPC. 9 Crl.Mis.8225/2022

14. During course of investigation accused No.8 and

other accused were arrested, remanded to judicial custody. During course of investigation it is found that accused Nos.8 and 9 has followed deceased Joseph Babu and gave information to accused No.1 stating that he is wearing orange colour T­shirt and proceeding towards Union Bank. After investigation charge sheet has been submitted, case has been committed at this stage accused No.8 has filed present application. The conclusion of investigation and filing of charge sheet is not change of circumstances. As per the judgment of Hon’ble Apex Court in Virupakshappa Gouda & Another Vs State of Karnataka (2017) 5 SCC 406 has held: “Filing of charge sheet does not in any manner lessen allegations but rather establishes that after due investigation prosecution has filed charge sheet for trial of accused persons”. The filing of charge sheet is not changed circumstances. Therefore, in view of above said principles in the present case filing of charge sheet does not amount to changed circumstances, and this ground is not available to the petitioner to file successive petition. 10 Crl.Mis.8225/2022

15. Further just merely because charge sheet is filed

is not ground for accused No.8 to seek bail on the other hand it supports the case of prosecution that accused No.8 is also involved in the incident.

16. It is specific contention of the counsel for

accused that accused No.8 is not involved physically in assaulting the deceased. However, in the charge sheet there is a specific allegations against accused No.8 who has given information to accused No.1 regarding movements of deceased that would prima facie establish that accused No.8 is also a part of conspiracy with other accused who had intention of committing murder of deceased. Threfore Section 149 IPC is applicable to accused No.8. Under Section 149 IPC when ever member of unlawful assembly sharing a common objective will be liable for the offence committed by the group. They would also be guilty if they knew that an offence was likely to be committed and participated in it. In the present case accused No.8 not only gave information about movement of deceased to accused No.1, in the place of incident out side 11 Crl.Mis.8225/2022 Union Bank, he has guarded and standing. After committing murder of deceased he left along with other accused persons from the spot, it has been captured in the CCTV.

17. More over in the statement of CWs 2 to 5

identified the accused No.8. CWs 1 to 3 are the eye witnesses to the incident. Though the name of accused No.8 was not found in the FIR, but subsequently his participation in the crime has been detected in the investigation. The deceased had sustained as many as 18 injuries. Incident has took place in Union Bank of India Manager Chamber at 1:30 p.m. There are strong material circumstances against the petitioner about his involvement in the crime. The offence alleged against accused No.8 is heinous if he is released on bail there is likelihood of tampering with the prosecution witnesses and endanger to life of CW­1 and other eye witnesses. It is clear from the FIR lodged by CW­1 in Crl.Mis.No.98/2022 against one Anbu and other 2 persons who are none other than the friends of accused No.11 and other accused. Therefore, the 12 Crl.Mis.8225/2022 continuation of custody of accused No.8 till the conclusion of trial is necessary. Considering gravity of offence and nature of accusation against accused, no grounds are made out to grant bail and liable to be dismissed as devoid of merits. Accordingly, answer point No.1 in Negative.

18. POINT No.2:­ In view of findings given on point

No.1, this Court pass the following order.

ORDER

The bail application by accused No.8/Saloman @ Salo under Section 439 CrPC is rejected. (Dictated to the Judgment Writer, transcribed by her, corrected by me and then pronounced in the open Court on this the 26th day of September, 2022). (S. NATARAJ), LXVI Addl.CC & SJ, Bangalore. 13 Crl.Mis.8225/2022 The Order is pronounced in the open Court (vide separate Order).

ORDER

The bail application by accused No.8/Saloman @ Salo under Section 439 CrPC is rejected. LXVI Addl.CC & SJ, Bangalore. 14 Crl.Mis.8225/2022