KABC010223122023
IN THE COURT OF LXV ADDL CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY (CCH-66)
PRESENT
SHRI. HEMANTH KUMAR. C.R ,
B.A.L., L.L.B.,
LXV Addl. City Civil & Sessions Judge,
Bengaluru.
Dated this the 23 rd day of August, 2023
Crl.Misc.No.8085/2023
PETITIONER/S:-
1.

CHANDAN GOWDA,
s/o Ramesh,
Aged about 20 years,
R/at Near BBMP Offie, Thanisandra,
Bengaluru. [Accused No.1]
2.

ANKITH RAJ,
s/o Nagaraj,
Aged about 21 years,
R/at Near State Bank of India,
Thanisandra, Bengaluru. [Accused No.2]
(By Sri. NGB., Advocate)
V/s.

RESPONDENT:-
STATE OF KARNATAKA,
By Sampigehalli Police Station,
Bengaluru.
(Rep. by Public Prosecutor)
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Crl.Misc.No.8085/2023
ORDER ON BAIL PETITION FILED UNDER
SECTION 439 OF CR.P.C
This petition is filed under Section 439 of Cr.P.C., praying to
enlarge the petitioners/ accused No.1 and 2 on bail in Crime
No.289/2023 registered by Sampigehalli police for the offences
punishable under Sections 364(A), 384, 323, 324 r/w Section 34 of
IPC.
2.

Facts of the case.-
The complainant has lodged the complaint alleging that on
10.08.2023 at about
11.00 am., Mubha, Ankith, Chandan Gowda
along with three friends came in a bike and took the complainant and
reach the Thanisandra ground and assaulted the complainant with
wooden stick and hands and later they informed that one Mubha @
Mubarak @ Nayaz Khan has to pay Rs.30,000/- otherwise they will
call the parents of the complainant and informed that the complainant
is accused in drugs case and also stating that if he is not payment the
amount they will sell him and get the amount and threatened that he
will put the naked photos in whatsapp status.

Thereafter the
complainant’s friend paid Rs.18,000/- to the accused persons and they
have also assaulted the complainant from 11.00 am., to 5.30 pm., and
left the spot. Alleging the same complainant has lodged the complaint
and the police on receipt of the said complaint have registered a case
in Crime No.289/2023 for the offences punishable under Sections
364(A), 384, 323, 324 r/w Section 34 of IPC. The police registration of
the complaint having arrested the accused No.1 and 2 and remanded
to judicial custody.
3.

The accused No.1 and 2 being in judicial custody has filed
this bail petition before this court on the following among other
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Crl.Misc.No.8085/2023
grounds. The petitioners submit that they are innocent of the alleged
offences and they have no knowledge of the alleged offences and they
have been falsely implicated in the above case at the instance of the
complainant.

The petitioners submit that
at no point of time the
petitioners have committed the alleged offences as alleged by the
complainant and it is only a ficitious story of the complainant. The
petitioners submit that on reading of the entire complaint there is no
material to believe that the petitioners have guilt of the alleged
offences. The petitioners submit that on reading of the entire complaint
there is no prima facie case made out against the petitioners and there
was financial transaction between the complainant and the accused
No.4 due to their dispute, the complainant escape from the liability
have falsely implicated the petitioners, because the present petitioners
are friend of accused No.4. The petitioners submit that there is no
recovery from the present petitioners and they have not kidnapped the
complainant and the complainant has filed the false complaint against
the petitioners. The petitioners have also further contended that there
is lapse of 2 days, the complaint has been filed and there is after
thought complaint. The petitioners submit that there is no specific overt
act attributed against the petitioners. The petitioners submit that they
are students and if they kept in judicial custody with hard core
criminals, which adversely effected their education and future. The
petitioners submit that they are ready and willing to abide by the
conditions imposed by this court and also co-operate with the
investigation. Hence, prays to allow the bail petition.
4.

After service of notice, the learned Public Prosecutor has
filed objection contending that the offences alleged against the
petitioners are grievous in nature and also has further contended that
the complaint averments prima facie shows that the petitioners have
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Crl.Misc.No.8085/2023
committed the alleged offences. The learned Public Prosecutor has
also further contended that the investigation is still in progress and the
offences alleged against the petitioners are grievous in nature and if
the bail petition of the petitioners are allowed there is every chances of
petitioners threatening the prosecution witnesses, destroying the
evidence, abscond and hamper the trial. Hence, the learned Public
Prosecutor prays to reject the regular bail petition.
5.

Heard the arguments. Now the points that arise for my
consideration.-
6.

1.

Whether the petitioners/accused No.1
and 2 have made out sufficient ground
to allow the petition filed under Section
439 of Cr.P.C?

2.

What order?
My answer to the above points are.Point No.1:Ц
In the Affirmative
Point No.2:Ц
As per final order
for the following
REASONS
7.

Point No.1:- The petitioner counsel has addressed the
arguments contending that the petitioners are innocent of the alleged
offences and they have been falsely implicated in the present case.
The petitioners counsel has further contended that there was financial
transaction between the complainant and accused No.4 and to escape
the financial liability the complainant has falsely implicated the
petitioners who are friends of accused No.4. The petitioners counsel
has further contended that as per the complaint the alleged incident
has taken place on 10.08.2023 and the complaint has been lodged on
12.08.2023 as such there is a delay of 2 days in lodging the complaint.

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Crl.Misc.No.8085/2023
The petitioners counsel has further contended that there is no specific
overt act against the present petitioners and there is no prima facie
case made out against the present petitioners. The petitioners counsel
has further contended that the petitioners are students and if they
detained in judicial custody their education and future will be spoiled.
The petitioners counsel submit that the offences alleged against the
petitioners are not punishable with imprisonment for life or death. The
petitioners counsel has also further contended that the petitioners are
ready and willing to abide by the conditions imposed by this court and
also co-operate with the investigation. Hence, prays to allow the bail
petition.
8.

The learned Public Prosecutor has addressed the
arguments contending that the offences alleged against the petitioners
are grievous in nature and also has further contended that the
complaint averments prima facie shows that the petitioners have
committed the alleged offences. The learned Public Prosecutor has
also further contended that the investigation is still in progress and the
offences alleged against the petitioners are grievous in nature and if
the bail petition of the petitioners are allowed there is every chances of
petitioners threatening the prosecution witnesses, destroying the
evidence, abscond and hamper the trial. Hence, the learned Public
Prosecutor prays to reject the regular bail petition.
9.

On perusal of the complaint it is noticed that the
complainant has lodged the complaint alleging that on 10.08.2023 at
about
11.00 am., one Mubha, Ankith, Chandan Gowda along with
three friends came in a bike and took the complainant and reached the
Thanisandra ground and later infomred that he has to pay Rs.30,000/to Mubha otherwise they will call the parents of the complainant and
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Crl.Misc.No.8085/2023
informed that the complainant is accused in drugs case and if he is not
payment the amount they will sell him and get the amount and
threatened that he will put the naked photos in whatsapp status and
thereafter the complainant’s friend paid Rs.18,000/- to the accused
persons and having left the spot. As such the complainant has lodged
the complaint. On perusal of the records it is noticed that though the
offences alleged against the petitioners are grievous in nature and also
the case is still under the stage of investigation. The accused No.1
and 2 have been arrested on 15.08.2023 and they have been
remanded to judicial custody, from the date of arrest the accused are
in judicial custody. The offences alleged against the petitioners are
grievous are not punishable with imprisonment for life or death. The
petitioners have contended that they are innocent of the alleged
offences and they are college students.

TThe petitioners have
contended that they are innocent of the alleged offences and there is
delay in lodging the complaint. The investigation is still in progress
and at this stage it cannot be said that the petitioners have committed
the alleged offences.

The offences alleged against the petitioners
have to be proved during the course of trial. The petitioners being of
young age and college students. The petitioners have also produced
the ID card of the college to show that they are studying. he
apprehension of the prosecution is that if the bail petition of the
petitioners are allowed there is every chances of petitioners
threatening the prosecution witnesses, destroy the evidence, abscond
and hamper the trial. The said apprehension of the prosecution can be
satisfied by imposing stringent conditions. Admittedly, the petitioners
are resident of the address shown in the cause title. If at all during the
course of trial, the prosecution is able to prove the guilt of the
petitioners, they can be dealt with in accordance with law. Considering
Crl.Misc.No.8085/2023
7
all these facts, I am of the opinion that the petitioners can be enlarged
on bail by imposing certain conditions, which would meet the
apprehension of prosecution. Accordingly, I answer the point No.1 in
the ‘Affirmative’.
10.

Point No.2:- In view of the findings given on point No.1, I
proceed to pass the following.ORDER
The
petition
filed
by
the
petitioners/accused No.1 and 2 under
Section 439 Cr.P.C., is hereby allowed.
The petitioners/ accused No.1 and 2
are ordered to be released on bail in Crime
No.289/2023 registered for the offences
punishable under Sections 364(A), 384,
323, 324 r/w Section 34 of IPC, on
execution
of
Rs.1,00,000/-
personal
bond
for
with one surety for the
likesum subject to the following
CONDITIONS:1.

The petitioners shall appear before the
court on all the dates of hearing.

2.

The petitioners shall appear before the I.O
whenever they are called upon for the
purpose of further investigation.

3.

The petitioners shall not involve in any
criminal activities.

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Crl.Misc.No.8085/2023
4.

The petitioners shall not tamper with the
evidence and shall not threaten, induce
allure the prosecution witnesses in
whatsoever manner.

5.

The petitioners shall not leave the
jurisdiction of the court without prior
permission of the court.

6.

The petitioners to produce permanent
address proof document.

(Dictated to the Stenographer, transcribed by her, corrected and then pronounced by
me in the Open Court on this 23rd day of August, 2023)
(HEMANTH KUMAR. C.R)
LXV Addl. City Civil & Sessions Judge,
Bengaluru.