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Crl.Misc.No.8491/2023
IN THE COURT OF LXIX ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE (CCH 70)
Present:
Sri. Balagopalakrishna,
C/c of 69th Addl. City Civil and Sessions
Judge, City Civil Court, (CCH 70).
Dated this the 4 th day of October, 2023
Crl.Misc.No.8491/2023
Petitioner :
Bhaskar
s/o late Shivaram,
aged about 21 years,
r/at 2nd main, 4th cross,
Srinivas nagar,
Sunkadakatte,
Bengaluru city.
Permanent resident of
Shettigahalli village,
Kunigal taluk, Tumkur district.
(By Sri.Manjunatha swamy, Advocate)
Respondent
:
Vs.
State of Karnataka
By Rajgopalanagar P.S.
Bengaluru.
(By Public Prosecutor)
ORDER ON BAIL PETITION FILED
U/SEC. 439 OF CR.P.C.
This petition is filed by the petitioner u/sec. 439 of
Cr.P.C. praying to grant
276/2023
of
regular bail
Rajagopalanagar
P.S.

to him in Cr. No.
for
the
offence
punishable u/sec. 504, 506, 307, 323 r/w 34 of IPC and
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Crl.Misc.No.8491/2023
u/Sec 25-1(B)(b) of Arms Act 1959.
2. It is stated in the petition that the respondent police
have registered Cr. No. 276/2023 against the petitioner
alleging the offence punishable u/sec. 504, 506, 307, 323
r/w 34
of IPC and u/Sec 25-1(B)(b) of Arms Act 1959 on
the basis of the information given by one
Tousif.

It is
further stated in the petition that the petitioner is innocent
and he has not committed any offence as alleged by the
police. He is falsely implicated with malafide intention. The
custodial interrogation of the petitioner is not required. The
complainant not admitted to any hospital,
There is no
motive or intention to assault the injured. The remand
application shows that further custodial interrogation of the
petitioner is no more required. The petitioner is the
permanent resident of address mentioned in the cause title
and he is coming from respectable family and he has no bad
antecedents
or previously convicted and there is no case
pending against him. The petitioner is ready to abide by any
of the terms and conditions that may be imposed by the
court for his enlargement on bail. The petitioner is ready
and willing to offer surety to the satisfaction of the court.
Hence prayed to allow the petition.
3. The learned Prosecutor has filed objections to the
petition alongwith report by opposing the grant of regular
bail to the petitioner on the ground that the offence alleged
to have been committed by the are grave in nature
by
assaulting the injured and caused injuries. It is further
stated in the objection that the accused has attacked and
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Crl.Misc.No.8491/2023
assaulted
the
victim.

It
is
further
stated
that
the
investigation is in progress, if the petitioner is enlarged on
bail he may commit similar offence in future. It is further
stated that if the petitioner is enlarged on bail it would be
difficult to secure his presence for investigation. With all
these grounds amongst others learned PP has prayed to
reject the petition filed by the petitioner.
4. Heard the arguments of
learned P.P. and also
counsel for the petitioner. Perused the petition, objection
and other material on record.
5. The following
points
would arise for my
consideration are as under:
1. Whether the petitioner has made out
grounds to grant regular bail u/sec.
439 of Cr.P.C.?
2. What order?
6. On the basis of the evidence available on record my
finding on the above points are as under:
i. Point No.1:
ii. Point No.2:
In the affirmative.
As per final order on the following
REASONS
7. The petitioner has filed present petition praying to
grant regular bail to him in Cr. No. 276/2023 of
for the
offences punishable u/sec.504, 506, 307, 323 r/w 34
of
IPC and u/Sec 25-1(B)(b) of Arms Act 1959. The said crime
was registered by the police on the basis of the information
given by Tousif. The petitioner has produced the certified
copy of the FIR, complaint and other
documents. It is
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Crl.Misc.No.8491/2023
stated that
on 27.7.2023 at about 11.00 pm when the
petitioner was in his shop two unknown persons came by
Two wheeler and abused and assaulted the complainant
with hands and
long and caused injuries and also
threatened with dire consequences and left the spot. During
investigation this accused was arrested.
8. On going through the material on record the FIR is
registered against the petitioner herein for the offences
punishable u/Sec.504, 506, 307, 323 r/w 34
of IPC and
u/Sec 25-1(B)(b) of Arms Act 1959. It is alleged that the
accused have assaulted the complainant with long and
caused injuries and attempted to kill him during quarrel.
Petitioner submits he is innocent of the offences alleged, he
has got valid and tenable defense, there is a delay of 4 days
in lodging the complaint. Further, he submits he is in JC
since from the date of his arrest, if he is not released on bail
he would be put to hardship as he is the only earning
member of his family. As such he may be released on bail.
9. Learned P.P argues the bail petition filed by the
petitioner is unsustainable, the accused have assaulted the
complainant on vital part of the body and attempted to
commit murder. if accused is released on bail he will
commit the offence again. Accordingly seeks dismissal of the
bail petition.
10. On going through the material on record, it is
gathered that
since the complainant warned the accused
who was roaming with his friend in front of the shop of the
complainant, the
accused being angry has abused and
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Crl.Misc.No.8491/2023
assaulted the complainant with long. As per complaint
averments accused abused and throw the long to assault
the complainant with long.

Whether the
accused has
committed the offence as alleged has to be determined at
the time of trial.
11. The Hon`ble Supreme Court of India in State of
Rajasthan , Jaipur vs. Balchand @ Baliay in AIR 1977 SCC
2447 and in many cases has pleased to held that bail is a
rule and jail is an exception, is the legal doctrine is laid
down to safeguard the fundamental right guaranteed under
Article 21 of Constitution of India, granting right to live and
liberty. There are no sufficient exception reasons to keep the
petitioner in JC by rejecting the bail application. Further,
the Petitioner has submitted that he is a permanent
resident of address shown in the cause title. He is ready to
abide by all the terms and conditions
if petitioner is
released by this court. His presence can be secured easily at
the time of trial. Presence of this accused is not necessary
for investigation. Accused is ready to furnish surety for his
appearance.

The other accused is enlarged on bail by this
court. The apprehension of the Prosecution can be met by
imposing conditions.

Considering the
above facts and
circumstances of the case, it is fit case to grant bail. Hence
the Petitioner deserves for bail.
12. Point No.2:
For the aforesaid reasons and
discussion, I proceed to pass the following;
ORDER
Bail petition filed under Sec. 439 of Cr.P.C. by
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Crl.Misc.No.8491/2023
the Petitioner is allowed.
Petitioner is ordered to be released on
regular
bail in Cr. No.276/2023 on executing his personal
bond for Rs.1,00,000/-, with one
surety for the
likesum on the following conditions.
1. The Petitioner shall not tamper with the Prosecution
witnesses
either directly or indirectly in
any
manner.
2. He shall appear before the IO as and when required
and he shall appear before court regularly.
3. He shall not abscond from the residence and he
should furnish the address proof to the concerned
police.
4. He shall not involve in any kind of offence.
5. He shall mark his attendance in the respondent
police station between 10.00 am and 6.00 pm once
in 15 days till filing of the charge sheet.
He is ordered to be released on bail if his custody does not
required in any other case.
(Dictated to the JW, transcript thereof is corrected, signed
and then pronounced by me in open court on this the 4 th
day of October, 2023)
(Balagopalakrishna)
c/c of 69 Addl. City Civil and Sessions
Judge,City Civil Court, Bangalore.
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