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Crl.Misc.No.7958/2023
KABC010220032023
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 24TH DAY OF AUGUST 2023
CRL.MISC. NO.7958 / 2023
PETITONER/S:
ACHYUTH KUMAR
@ VISHWANATH KOLIVAADA @ GANNI
S/O LATE SOMANNA KOLIVADA,
AGED ABOUT 34 YEARS,
RESIDING AT PARVATHAMMA,
1ST CROSS, ADJACENT TO ARUNODAYA
SCHOOL BUILDING, SUNKADAKATTE,
BENGALURU.
(By Sri.G.Srinath, Adv.)
VERSUS
RESPONDENT
THE STATE OF KARNATAKA
BY BANSSHAKARI POLICE
BENGALURU,
STATION,
(By Public Prosecutor)
ORDER
The petitioner / accused has filed this petition under
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Crl.Misc.No.7958/2023
Section 439 of Cr.P.C. seeking for bail.
2.
W/o
On the complaint filed by Smt.Saraswthamma S.M.
C.Ramachandran,
a
case
is
registered
at
the
respondent police station in Cr.No.168/2023 for offence
punishable u/S. 392 of IPC.
3.

The case of the prosecution in brief is that, on
08.06.2023 at abut 8.40 to 8.50 p.m. the complainant was
coming near her house at 23rd Main Road, Banashakari II
Stage and during that time one unknown person came on
motorcycle from opposite direction and snatched her
mangalya chain weighing 35 to 40 grams worth Rs.2 lakhs
and escaped from the spot. The complainant has filed the
aforesaid complaint. Now the investigation is going on. At
the time of investigation, this accused is arrested and now
he is remanded to judicial custody. His application filed
before the Magistrate for bail is rejected.

4.

Now this petitioner is contending that
he is an
innocent person and not committed any offence. At no point
of time, he is involved in this case.

The police have falsely
implicated this petitioner in this case. In her complaint the
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Crl.Misc.No.7958/2023
complainant has not mentioned the identity of the person
who snatched the chain. In order to satisfy the complainant
and to safeguard the image of the respondent, the
respondent police have falsely fixed this petitioner. The
voluntary statement of this petitioner is recorded
as per
whims and fancies of the respondent. With an intention to
restrain this petitioner from obtaining bail order the police
have fixed several cases against this petitioner. But this
petitioner is not habitual offender. The alleged offence is
not punishable with death or imprisonment for life. He is
ready to abide by the conditions that may be imposed by
this court. Hence, prayed to allow the petition.

5.

Learned Public Prosecutor has contested this petition
by filing detailed objections by reiterating the case of the
complainant and further contended that against this
petitioner there are 145 cases are registered in
different
stations. He is habitual offender. If he is enlarged on bail he
may tamper with prosecution witnesses. He may abscond.
Hence, prayed to reject the bail application.

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Crl.Misc.No.7958/2023
6.

Heard arguments and perused the records.

7.

Now the point for determination is as follows.
УWhether the petitioner / accused has made out
sufficient grounds to grant bail by resorting to special
powers vested in this Court under Section 439 of
Cr.P.C.?Ф
8.

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

I have gone through the entire materials available on
record. In the complaint the identity feature of the accused
are not mentioned. The order sheet of the trial court reveals
that this petitioner was taken to police custody and
investigation is conducted. Even then the robbed article is
not seized from his possession.
punishable with death.

The alleged offence is not
From the date of arrest, this
petitioner is in judicial custody. There is no criminal
antecedents. This petitioner is ready to abide by the
conditions that may be imposed by this court.

He is
permanent resident of address mentioned in the cause title.
Reasonable conditions will meet the objection of the
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Crl.Misc.No.7958/2023
prosecution.
10. At the time of his arguments, the learned Public
Prosecutor has submitted a report of the Investigating
Officer, wherein it is mentioned that 147 cases are pending
against this petitioner. But that cannot be a ground to reject
this
bail petition. As already stated even though this
petitioner is
taken to police custody the property is not
seized. The identity of the accused is not mentioned in the
complaint.

Hence, the aforesaid point is answered in the
AFFIRMATIVE and proceed to pass the following.
ORDER
Bail petition filed by the petitioner / accused
under
Section 439 of Cr.P.C. is hereby ALLOWED.
The petitioner / accused shall be released on bail in
Cr.No.168/2023
of
respondent
police
station
on
his
executing personal bond in a sum of Rs.1,00,000/- with one
surety for likesum to the satisfaction of the learned
Magistrate, on the following conditions.
1.

The petitioner / accused
shall not tamper with
prosecution witnesses in any manner.
2.

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

3.

He shall not involve in any criminal activities.

4.

He shall furnish proof of his residential address and he
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Crl.Misc.No.7958/2023
shall intimate the change of address, if any, to the
court.
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
then corrected by me and then pronounced in the open
court on this the 24th day of AUGUST 2023)
NOTE: The office to send soft copy of this order to the Jail
Superintendent of concerned jail, immediately, with a
direction to inform the same to the accused.

(SHRIRAM NARAYAN HEGDE),
LV Addl. City Civil & Sessions Judge,
Bengaluru. (CCH-56)
SHRIRAM
NARAYAN
HEGDE
Digitally signed
by SHRIRAM
NARAYAN
HEGDE
Date:
2023.08.24
17:04:32 +0530