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Crl.Misc.No.8348/2023
KABC010232642023
IN THE COURT OF THE LVI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU (CCH 57)
: Present :
Sri.T.Govindaiah, B.Com., LLB.,
LVI Addl. City Civil & Sessions Judge,
Bengaluru.
Dated this the 5th Day of September, 2023.
Crl.Misc.No.8348/2023
PETITIONER
Ameen Shareef @ Jabbar
S/o Ibrahim Shareef
Aged about 22 years
R/at Near Mecca Masjid
Metro Station
Neelasandra,
Bengaluru
(By Sri. Hemanth., adv.,)
V/s
RESPONDENT
State of Karnataka
By Amruthahalli Police Station,
Bengaluru.
(Rep. by: Public Prosecutor)
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Crl.Misc.No.8348/2023
ORDER
This petition is filed by the petitioner under Section
439 of Cr.P.C. for grant of regular bail in Cr.No.188/2023
of respondent police for the offence punishable under
Sec. 397 of IPC pending before the learned VII Addl. Chief
Metropolitan Magistrate, Bengaluru.
2. The petitioner has sought for bail on the ground
that, he is innocent of the alleged offences. The complaint
was registered on unknown persons. He has been falsely
implicated. There is no any eye witnesses to the alleged
incident. There is no specific overt act attributed against
the petitioner. The petitioner is young aged and he is
permanent resident of Bengaluru. He is ready and willing
to furnish surety. The offence alleged is not punishable
with death or life imprisonment. The petitioner is in
judicial custody and he is no more required for any
custodial enquiry. He has no criminal antecedents. He is
ready to abide by the conditions that may be imposed.

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Crl.Misc.No.8348/2023
3. The prosecution has filed statement of objections
narrating the facts of the case. Further contended that if
the petitioner is enlarged on bail he would tamper the
prosecution witness and would threaten the complainant.
He may flee from justice. He may not coнoperate with the
investigation and trial in the event of filing of charge
sheet. The investigation is under progress and statement
of witnesses are yet to be recorded. Hence sought for
rejection of the petition.
4.

Heard the arguments of both sides.

5.

The
following
points
arise
for
my
determination:н
1. Whether the petitioner is entitled for
regular bail as provided under Section 439
of Cr.P.C.?
2. What order?
6.

My findings on the above said points are as
follows;
Point No.1
:
In the Affirmative
Crl.Misc.No.8348/2023
4
Point No.2
:
As per final order, for the
following :н
REASONS
7.

Point No.1:н As seen from the prosecution
papers the complainant Babul Ahamed has lodged
complaint that on 17.07.2023 that, on 17.07.2023 at
about 2.00 a.m the complainant took food delivery from
Mattikere Empaier hotel and went near Veerannapalya
Junction at about 2.40 a.m at that time 4 unknown
persons
came
on
two
bikes
and
surrounded
the
complainant and took the vehicle bearing No.KAн02нKRн
2292 which is owned by the brother of complainant.
Then the complainant tried to escape from the spot, the
accused persons caught hold him and robbed his Vivo Yн
72 mobile. Further the accused persons tried to rob
money from the complainant, when the complainant
refused to give money the accused persons assaulted the
complainant with knife on his left thigh and caused
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Crl.Misc.No.8348/2023
injuries. Further with the help of public he called the
police and informed the incident.
8. The petitioner contends that he is permanent
resident of Bengaluru. He is innocent. He has not
committed any offence. He is ready to furnish surety to
the satisfaction of the court and to abide by the
conditions,
9.

The prosecution papers discloses that the
accused No.3 was arrested and on 29.08.2023. Further
the investigation is under progress. If the petitioner is
enlarged on bail, there are every chances that petitioner
would get involved in other criminal activities. He may
threaten the prosecution witnesses and tamper the
prosecution evidence. On perusal of the prosecution
papers it is clear that, the respondent police have
secured the accused persons and seized the materials
from the accused. Hence considering the nature and
gravity of offence, this court is of the opinion that the
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Crl.Misc.No.8348/2023
petitioner is entitled for the relief.

Accordingly, point
No.1 answered in the Affirmative.
10. Point No.2:
In view of my findings on point
No.1, I proceed to pass the following:н
ORDER
The petition filed by the petitioner under
Section 439 of Cr.P.C., is hereby allowed.
The petitioner is ordered to be released on
bail in Cr.No.188/2023 of respondent
police
for the offence punishable under Sec. 397 of
IPC pending before the learned VII Addl. Chief
Metropolitan Magistrate, Bengaluru subject to
following conditions:
1. The petitioner shall execute a personal
bond for a sum of Rs. 1,00,000/н with two
sureties for like sum.
2) The petitioner shall appear before the
court on all hearing dates without fail, except
in unavoidable circumstances.

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Crl.Misc.No.8348/2023
3) The petitioner shall not threaten or
allure the prosecution witnesses.
4) The petitioner shall not get himself
involved in similar nature of offences.
5)
The
petitioner
shall
produce
documents regarding address proof before the
court.
6) The petitioner shall not leave the
jurisdiction without prior permission of the
court.
If violation of any conditions will amounts
to cancellation of bail automatically.

(Dictated to the Stenographer directly on computer, corrected and then pronounced
by me in the Open Court on this the 5th Day of September, 2023)
(T.Govindaiah)
LVI Addl. City Civil & Sessions Judge,
Bengaluru.

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Crl.Misc.No.8348/2023
Order pronounced in open Court
(Vide separate order)
ORDER
The petition filed by the
petitioner under Section 439 of
Cr.P.C., is hereby allowed.
The petitioner is ordered to be
released on bail in Cr.No.188/2023
of respondent
police
for
the
offence punishable under Sec.
397 of IPC pending before the
learned
VII
Addl.
Chief
Metropolitan
Magistrate,
Bengaluru subject to following
conditions:
1. The petitioner shall execute a
personal bond for a sum of Rs.
1,00,000/н with two sureties for
like sum.
2) The petitioner shall appear
before the court on all hearing
dates without fail, except in
unavoidable circumstances.
3) The petitioner shall not threaten
or
allure
the
prosecution
witnesses.
4) The petitioner shall not get
himself involved in similar nature
of offences.

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Crl.Misc.No.8348/2023
5) The petitioner shall produce
documents regarding address proof
before the court.
6) The petitioner shall not leave the
jurisdiction
without
prior
permission of the court.
If violation of any conditions will
amounts to cancellation of bail
automatically.
LVI Addl.City Civil & Sessions
Judge, Benguru.