KABC010159122022
IN THE COURT OF THE LII ADDL. CITY CIVIL &
SESSIONS JUDGE, BANGALORE (CCH-53)
Dated this the 28th day of June, 2022
PRESENT
Sri.B.G.Pramoda, B.A.L., LL.B.,
LII Addl. City Civil & Sessions Judge,
Bangalore.
Crl.Misc.No.5925/2022
Petitioners:
1. Sri.Bablu Paswan
S/o Sahadev Paswan,
Aged about 26 years,
R/at Chota Kusumghat Taluk,
Kusumjoir Taluk, Bihar.
2. Sri.Bola Paswan
S/o Baldev Paswan,
Aged about 36 years,
R/at Chota Kusumghat Taluk,
Kusumjoir Taluk, Bihar.
3. Sri. Sridhar Paswan
S/o Katke Paswan,
Aged about 58 years,
R/at Madhopur Village,
Banka District, Bihar.
(Accused No.1 to 3)
(By Sri.Rakshith R., Advocate)
Crl.Misc.No.5925/2022
2
-V/SRespondent :
State of Karnataka by
Hulimavu police station,
Bengaluru.
(Represented
Prosecutor)
by
learned
Public
ORDER
This petition is filed by the petitioners u/Sec.439 of
Cr.P.C., praying to grant bail to them in Cr.No.120/2022 for the
offences punishable u/Sec.454, 457, 308 of IPC, pending on
the file of 5th ACMM Court, Bangalore.
2.

It is stated in the petition that the respondent
police have registered the case in Crime No.120/22 against
the unknown persons alleging the offences punishable
u/Sec.454, 457, 308 of IPC, on the basis of the information
given by one Tajmul Basha. The respondent police during the
course of investigation of the case have arrested the
petitioners on 27.04.2022 and produced them before the
learned 5th ACMM, Bengaluru. The petitioners were remanded
to judicial custody by Learned Magistrate. It is further stated in
the petition that the petitioners are innocents and they have
not committed the alleged offences. The petitioners does not
have any criminal antecedents. There is no specific overt act
attributed against the petitioners. The petitioners are ready
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Crl.Misc.No.5925/2022
and willing to abide by any terms and conditions that may be
imposed by the court for their enlargement on bail. The
petitioners are ready to offer surety to the satisfaction of the
court. Hence, the petitioners have prayed to allow the petition.
3. The learned Public Prosecutor has filed the objection
to the petition along with I.O. report by opposing the grant of
bail to the petitioner. It is further stated in the objection that the
offence committed by the petitioner is grave in nature and
against to society. It is further stated in the objections that the
case is still at the investigation stage. It is further stated in the
objection that the petitioners are the residents of Bihar. If the
petitioners are enlarged on bail, there is possibility of
petitioners absconding and committing the similar offences in
future. It may be difficult to secure the presence of the
petitioners for further investigation of the case. It is further
stated in the objection that the petitioners may threaten the
informant and other prosecution witnesses. The petitioners
may try to destroy the evidence. Hence, the Learned Public
Prosecutor has prayed to reject the petition filed by the
petitioners.
4. Heard the arguments of Learned Public Prosecutor
and Learned counsel for the petitioners. Perused the petition,
objection and other materials on record.

Crl.Misc.No.5925/2022
4
5. Having done so, the following points will arise for my
consideration:
(1) Whether the petitioners have made out
grounds for granting bail u/s.439 of
Cr.P.C.,?
(2) What order?
6.

My findings on the above points are as under:
(1) Point No.1
..

In the Affirmative
(2) Point No.2
..

As per final order
for the following:
REASONS
7. Point No.1:- The respondent police have registered
the case in Crime No.120/22 against the unknown persons
alleging the offences punishable u/Sec.454, 457, 308 of IPC,
on the basis of the information given by one Tajmul Basha.
The respondent police during the course of investigation of the
case have arrested the petitioners on 27.04.2022 and
produced them before the learned 5th ACMM, Bengaluru. The
Learned Magistrate had remanded the petitioners to judicial
custody. Now the petitioners are in judicial custody. Hence,
the petitioners have filed the present petition praying to
enlarge them on bail by contending that they are innocent and
they have not committed the alleged offence and they have
been falsely implicated in the aforesaid crime number by the
respondent police.

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7.

Crl.Misc.No.5925/2022
The petitioners have produced the certified copy
of FIR and compliant and remand application. The petitioners
are shown as accused No.1 to 3 in the remand application. It
is alleged in the remand application that on 24.04.2022 at
about 10.30 a.m., when the informant had gone to the
Hyderabad by locking his house, the petitioners have
committed theft of golden articles and cash in the house of the
informant. It is further alleged in the remand application that
certain golden ornaments which were stolen are also seized
from the possession of accused by conducting mahazar.
8.

The offences alleged against the petitioners are
not exclusively punishable with death or imprisonment for life.
The alleged offences are triable by the learned magistrate. In
the I.O. report, it is mentioned that certain golden articles
alleged to have been stolen by the petitioners were already
seized by conducting mahazar.

It is also stated in the I.O
report that the informant has also identified those articles. It is
also mentioned in the I.O. report that mahazar of place of the
incident was also conducted. It is also stated in the I.O report
that voluntary statement of the petitioners was also recorded
by the I.O. In the remand application, it is stated that the
petitioners are not required for further investigation of the
case. The petitioners are in judicial custody since from
27.04.2022. The custodial interrogation of the petitioners is
not necessary for further investigation of the case.

Crl.Misc.No.5925/2022
6
9.

The
Hon’ble
Supreme
Court
of
India
in
Balachandh @ Baliya (AIR 1977 SC 2447) and in many
cases has held that has laid down the legal doctrine that Уbail
is a rule and jail is an exceptionФ. This legal doctrine is laid
down for safe guarding a fundamental right under article 21 of
Constitution of India, granting the right to life and liberty. The
petitioners have contended that they are ready and willing to
abide by any terms and conditions that may be imposed by the
court for their enlargement on bail. Further they are ready to
offer surety to the satisfaction of the court for their appearance
before the Investigating Officer and they are ready to cooperate with the investigation of the case.
10.

The petitioners have also under taken that they
will appear before the Investigating Officer as and when called
for. The presence of the petitioners for the purpose of
investigation of the case can be secured by imposing suitable
terms and conditions. The prosecution has objected for
granting bail to the petitioners mainly on the ground that the
petitioners are not the residents of Bengaluru and they are the
permanent resident of Bihar and if the petitioners are enlarged
on bail, they may abscond and they may hamper the
investigation of the case.

But only on the ground that the
petitioners are the permanent residents of Bihar, their bail
application cannot be rejected.

Proper conditions can be
imposed for securing the presence of the petitioners during the
Crl.Misc.No.5925/2022
7
course
of
investigation
as
well
as
during
trial.

The
apprehension of learned Public Prosecutor can be make good
by imposing suitable terms and conditions. Hence, I am of the
opinion that the petitioners may be enlarged on bail by
imposing stringent conditions by allowing the petition.
Accordingly, I answer the above point in the Affirmative.
11. Point No.2:- In view of my findings on point No.1, I
proceed to pass the following:
ORDER
The petition filed by the petitioners u/s.439 of
Cr.P.C., is hereby allowed.
The petitioners/Accused No.1 to 3 are enlarged on
bail in Crime No.120/2022 for the offences punishable
u/Sec.454, 457, 308 of IPC, pending on the file of 5th
ACMM Court, Bangalore, on petitioners executing
personal bond for a sum of Rs.1,00,000/- each with one
local surety for likesum each to the satisfaction of the
Learned Magistrate and the petitioners furnishing cash
surety for Rs.10,000/- each. The learned magistrate is
hereby directed to get the report of Investigating Officer
about the genuineness of surety and his property before
accepting the same.
The petitioner is enlarged on bail on the following
further conditions:CONDITIONS
(1) The petitioners shall appear before the Investigating
Officer once in 15 days till the completion of investigation
of the case and they shall appear before the
Investigating Officer as and when called for during the
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Crl.Misc.No.5925/2022
course of investigation of the case and petitioners shall
co-operate with the investigation of the case.
(2) The petitioners shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him from
disclosing such facts to the court or any police officer or
any hamper with the evidence.
(3) The petitioners shall not leave India without prior
permission of the court.
(4) The petitioners shall not commit any offences of similar
or any other offences in future.
(5) Violation of any of the aforesaid terms and conditions
would entitle for cancellation of bail of the petitioners.
(Dictated to the Stenographer, directly on computer, corrected and
then pronounced by me in the open court on this the 28 th day of
June, 2022).

(B.G.Pramoda)
LII Addl. City Civil & Sessions Judge,
Bangalore.

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Crl.Misc.No.5925/2022
Order pronounced in the open court
(vide separate order)
ORDER
The petition filed by the petitioners u/s.439 of
Cr.P.C., is hereby allowed.
The petitioners/Accused No.1 to 3 are enlarged on
bail in Crime No.120/2022 for the offences punishable
u/Sec.454, 457, 308 of IPC, pending on the file of 5th
ACMM Court, Bangalore, on petitioners executing
personal bond for a sum of Rs.1,00,000/- each with one
local surety for likesum each to the satisfaction of the
Learned Magistrate and the petitioners furnishing cash
surety for Rs.10,000/- each. The learned magistrate is
hereby directed to get the report of Investigating Officer
about the genuineness of surety and his property before
accepting the same.
The petitioner is enlarged on bail on the following
further conditions:CONDITIONS
(1) The petitioners shall appear before the Investigating
Officer once in 15 days till the completion of investigation
of the case and they shall appear before the
Investigating Officer as and when called for during the
course of investigation of the case and petitioners shall
co-operate with the investigation of the case.
(2) The petitioners shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him from
disclosing such facts to the court or any police officer or
any hamper with the evidence.
(3) The petitioners shall not leave India without prior
permission of the court.

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Crl.Misc.No.5925/2022
(4) The petitioners shall not commit any offences of similar
or any other offences in future.
(5) Violation of any of the aforesaid terms and conditions
would entitle for cancellation of bail of the petitioners.

LII Addl. City Civil & Sessions Judge,
Bangalore.