KABC010085492024 IN THE COURT OF LXVII ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH.No.68) PRESENT SRI. KASHIM CHURIKHAN, B.A., LL.M. LXVII Addl. City Civil & Sessions Judge, Bengaluru. Dated this the 5th day of April 2024 Crl.Misc.No. 3024/2024 Petitioner: Arshad Pasha @ Harshad, S/o late Altaf Pasha, Aged about 23 years, R/at No.62, 11th Cross, Hosahalli Main, Arfathnagar, Old Guddadahalli, Bengaluru City. (By Sri. E.N, Advocate) -VsRespondent: State by J.J. Nagar Police, Bengaluru. (By learned Public Prosecutor) ORDER ON BAIL PETITION This is bail petition u/s.439 of Cr.P.C., filed by the learned counsel for the petitioner praying the court to enlarge the petitioner on bail in C.C.No.31522/2023 (Cr.No.67/2023 of the respondentJ.J. Nagar Police Station, Bengaluru) registered for the offence punishable u/s.397 r/w Sec.34 of IPC, pending on the 2 Crl.Misc.No.3024/2024 file of learned XLVI A.C.M.M, Bengaluru.

2. The brief facts of the case are as under:

The informant has lodged the report to the police stating that on 07.05.2023 in the midnight at 2.00 a.m. when the informant was watching mobile in front of his house, Harshad and another came near him and Harshad asked his mobile for making a call. After receiving his mobile, Harshad was proceeding further and asked the informant follow him. Thereafter, said Harshad went in a lane, there another person hold him tightly, Harshad snatched his silver bracelet and finger ring and took away his V-25 mobile worth Rs.35,000/- and also posed life threat if he reveals to any one. Hence, the complaint. During the course of investigation, the respondent Police have apprehended the petitioner and produced him before the jurisdictional Magistrate, who in turn remanded him to the judicial custody.

3. The petitioner has been shown as accused No.1 in

the charge sheet. In the bail petition, the petitioner has contended that he is absolutely innocent and has not committed any offence. He has got valid and tenable defense. There is inordinate delay of 5 days in lodging the complaint. Earlier the petitioner was enlarged on bail. Accused No.2 is also on bail. The petitioner hails from respectable family and he has no bad 3 Crl.Misc.No.3024/2024 antecedents. The offence alleged against the petitioner is not punishable with either death or imprisonment for life. The petitioner is permanent resident of the address shown in the cause title and hence, there is no chance of his absconding. The petitioner is ready and willing to abide the terms and conditions those going to be imposed by this court and ready to offer surety to the satisfaction of the court, if he is enlarged on bail. Hence, sought for allowing the bail petition.

4. The learned Public Prosecutor has filed objections

and contended that there are prima-facie materials as to the commission of alleged offence. There are number of cases are pending against him in respondent Police Station. He is habitual offender in committing mobile theft. The petitioner has not assigned any genuine reasons for granting bail. If the petitioner is enlarged on bail, he may threaten the prosecution witnesses, destroy the prosecution evidence and hamper the trial by fleeing away from justice. Hence, sought for rejection of the bail petition.

5. Heard.

6. The points raised for determination are as under:

1. Whether the petitioner has made out sufficient grounds to enlarge him on bail ?

2. What Order? 4 Crl.Misc.No.3024/2024

7. My findings to the above points are as under:

Point No.1: Affirmative, Point No.2: As per the final order, for the following:

REASONS

8. P oint No.1: The case of the prosecution is that

the petitioner along with another accused has robbed silver ornaments and mobile phone from the informant on the point of dagger. The same has been denied by the learned counsel for the petitioner.

9. It is submitted by the learned counsel for the

petitioner that the since he is absent for single date before the trial Court, NBW was issued against him and it was executed and he is arrested and remanded to JC and hence, sought for bail.

10. The fact as to the petitioner along with another

accused has robbed the silver ornaments and mobile phone of the informant on the point of knife is to be proved in full-fledged trial with authenticated testimony of the prosecution witnesses. The involvement of the petitioner in the commission of alleged office is to be proved in the course of trial. The offence alleged against the petitioner is not punishable with either death or imprisonment for life. The accused No.2 is already on bail granted by this Court and hence, this petitioner is also entitled for bail on the ground of 5 Crl.Misc.No.3024/2024 parity as he is also standing on the same lane. The petitioner is in judicial custody since the date of his arrest. Incarceration of the petitioner in judicial custody till conclusion of the trial does not serve any purpose. The Investigating Officer has not stated as to the requirement of the petitioner for custodial interrogation. The petitioner has undertaken to abide the bail conditions and ready to furnish surety for his due appearance before the court for the purpose of trial. The apprehension of prosecution could be dealt with by imposing some conditions. Hence, the bail petition deserves to be allowed. Accordingly, I answer the Point No.1 in the affirmative.

11. Point No.2 : My finding on this point is as per the

following: O R D E R The bail petition filed by the petitioner u/s.439 Cr.P.C. is hereby allowed, subject to the following conditions:

1. The petitioner is ordered to be released on bail in C.C.No.31522/2023 (Cr.No.67/2023 of the respondentJ.J. Nagar Police Station, Bengaluru on executing his personal bond for a sum of Rs.1,00,000/- along with a surety for likesum;

2. He shall appear before the trial court on all the hearing dates;

3. He shall not tamper with the prosecution witnesses; 6 Crl.Misc.No.3024/2024

4. He shall not indulge in committing any offences.

(Dictated to the Stenographer Grade-I directly on computer, corrected, signed and then pronounced by me in the open court on this the 5th day of April, 2024) (Kashim Churikhan) LXVII Addl. City Civil & Sessions Judge, Bengaluru. Digitally signed by KASHIM KASHIM MOHADDINSAHEB MOHADDINSAHEB CHURIKHAN CHURIKHAN Date: 2024.04.16 12:59:44 +0530