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Crl.Misc.No.510/2023
IN THE COURT OF LV ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU (CCC-56)
: Present :
Sri. SHRIRAM NARAYAN HEGDE,
B.A., LL.M.,
LV Addl. City Civil and Sessions Judge,
Bengaluru.
DATED: THIS THE 23RD DAY OF JANUARY 2023
Crl.Misc. No.510/ 2023
PETITIONERS
ABDUL RAFIX
S/O LATE ABDUL AJAM
AGEDA BOUT 47 YEARS,
RESIDINGA T NO. 18/1, 4TH CROSS,
NEAR MEENA MASZID,
MATTADAHALLI .R.T. NAGAR,
BENGALURU – 560 032.
(Rep. By Sri.R.L.Basur., Adv.)
VERSUS
RESPONDENT
THE STATE OF KARNATAKA –
BY R.T. NAGAR PS, BENGALURU.
(Rep. by Public Prosecutor)
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Crl.Misc.No.510/2023
ORDER
The petitioner / accused No.4 has filed this petition
u/S. 438 of Cr.P.C. seeking for an order of anticipatory bail.
2.

On the complaint filed by one Sri.Sayed Fazeel S/o
Sayed Shafi, a case is registered against the accused
at
respondent police station in Cr.No.20/2023 for the offence
punishable u/S. 323, 324, 506, 504 r/w S.34 of IPC.
Subsequently, S. 307 of IPC and S.25 (1)(B)(b) of Arms Act
are added.
3.

The case of the prosecution in brief are that,
06.01.2023 the complainant, his wife and mother-law went
to the house of Abdul Rafik to discuss about the property
and earlier cases at about 5-15 p.m. during that time, this
accused in furtherance of their common intention abused
the complainant in a filthy language, assaulted him
by
their hands and then accuse No.1 assaulted on his head
with a long and caused bleeding injuries. Then they gave
threat and went away. Then the complainant went to the
hospital and after taking treatment
went to the police
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Crl.Misc.No.510/2023
station
and
filed
the
aforesaid
complaint.

Now
the
investigation is going on.

4.

Now this petitioner is contending that he is an
innocent person and not committed any offence.

He
is
falsely implicated in this case. The complainant himself had
come to the house of the petitioner for quarrel and he
assaulted this petitioner and accused
No.1 to 3 and ran
away from that place and went inside Meena Maszid for
protection. Then on the influence of Masjid persons false
complaint is registered. The injuries are simple in nature.
Initially Section 307 of IPC was not
ulterior
motive
that
section
is
included.
included
With an
later.

The
respondent police have refused to register the complaint
filed by this petitioner. Earlier there was quarrel between
the parties. During that time this
petitioner and accused
No.1 to 3 filed a complaint in Cr.No.111/2022. As a counterblast this case is filed. This petitioner is ready to abide by
the conditions that may be imposed by this court.

Hence,
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Crl.Misc.No.510/2023
prayed to allow the petition.
5.

Learned Public Prosecutor has contested this petition
by filing
detailed objections reiterating the case of
prosecution and further contended that there is prima facie
case against the petitioner.

If he is enlarged on bail, he
may tamper with prosecution witnesses or he may abscond.
Hence, prayed to reject the bail application.
6.

Heard arguments and perused the records.

7.

Now the point for determination is as follows.
“Whether the petitioner / accused No.4 has made out
sufficient grounds to grant an anticipatory bail by
resorting to special powers vested in this Court under
Section 438 of Cr.P.C.?”
8.

On the basis of the materials available on record my
finding to the above point is in the AFFIRMATIVE for the
following.
REASONS
9.

I have gone through the entire materials available on
record. According to the complainant this petitioner along
with accused No.1 to 3 assaulted him by their hands and
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Crl.Misc.No.510/2023
long and caused bleeding injuries. Initially the complaint
was filed only for the offences punishable u/Ss. 323, 324,
504, 506 r/w S.34 of IPC. Subsequently S.307 of IPC and Ss.
25 (1)(B)(b) of Arms Act are included. The complainant is
not admitted to the hospital. He took treatment as
outpatient. Admittedly, there is counter complaint in
Cr.No.111/2022. Even though the alleged offences are nonbailable,
they
are
not
punishable
with
death
or
imprisonment for life. This petitioner is ready to abide by
the conditions that may be imposed by this court.

He is
permanent resident of addresses mentioned in the cause
title. Such being the case, the apprehension of the
prosecution can be met with by imposing reasonable
conditions.

Hence, the above point is answered in the
AFFIRMATIVE and proceed to pass the following.
ORDER
Bail petition filed by the petitioner / accused No.4
under Section 438 of Cr.P.C. is hereby ALLOWED.
In the event of arrest of this petitioner / accused No. 4 in
Cr.No.20/2023 of respondent police station he shall be
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Crl.Misc.No.510/2023
enlarged on bail by accepting personal bond in a sum
of
Rs.50,000/- with one surety for likesum, on the following
conditions.
1.

The petitioner shall appear before the Investigating Officer
within 10 days from the date of this order.

2.

The petitioner / accused No.4 shall not tamper with
prosecution witnesses in any manner.

3.

He shall co-operate with investigating Officer as and
when called for investigation.

4.

He shall not commit similar offences.

5.

He shall mark his attendance in the respondent police
station on first Sunday of each month between
11-00
a.m. and 5-00 p.m. till filing of final report.
(Dictated to the Judgment Writer, transcribed by him and
corrected by me and then pronounced in the open court on
this the 23rd day of JANUARY 2023)
(SHRIRAM NARAYAN HEGDE),
LV Addl. City Civil & Sessions Judge,
Bengaluru. (CCH-56)
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Crl.Misc.No.510/2023
Order passed and pronounced in the open court
(vide separate order). The operative portion of the
order reads thus:
ORDER
Bail petition filed by the petitioner /
accused No.4 under Section 438 of Cr.P.C.
is hereby ALLOWED.
In the event of arrest of this petitioner /
accused No. 4 in Cr.No.20/2023 of
respondent police station he shall be
enlarged on bail by accepting personal bond in
a sum of Rs.50,000/- with one surety for
likesum, on the following conditions.
1.

The petitioner shall appear before the
Investigating Officer
within 10 days from the
date of this order.
2.
The petitioner / accused No.4 shall
not tamper with prosecution witnesses in
any manner.
3.
He shall co-operate with investigating
Officer as and when called for investigation.
4.
He shall not commit similar offences.
5.
He shall mark his attendance in the
respondent police station on first Sunday of
each month between 11-00 a.m. and 5-00
p.m. till filing of final report.

LV ACC&SJ, Bangalore (CCH-56)