KABC010088832024
IN THE COURT OF THE LXI ADDL. CITY CIVIL,
SESSIONS JUDGE: BENGALURU CITY
Dated this the 3 rd day of May, 2024
PRESENT :- Sri.Sirajuddeen A., B.A., LL.B.,
XX ACC & SJ, Bengaluru,
C/C LXI ACC & SJ,
Bangalore, (CCH-62)
CRL. MISC. No.3149/2024
Petitioner/s
:
1.

Deekshith Gowda [A-1],
S/o.Siddaramaiah,
Aged about 19 years,
R/at near Gangotri Clinic,
Near Ganesha temple,
Kashinagara, Yelchenahalli,
Bangalore.
(Accused in JC)
2.

Prashanth [A-3],
S/o.Munikrishna,
Aged about 19 years,
R/at Opp. Gangotri Clinic,
Near Ganesha temple,
Kashinagara, Yelchenahalli,
Bangalore-560 078.
(Accused in JC)
(By Sri.C.Srinivasa, Adv.)

Crl.Misc.No. 3149/2024
14
V/s.
Respondent
:
The State by
K.S.Layout Police Station,
Bengaluru.
(Rep. by Public Prosecutor,
Bengaluru.)
ORDERS
The petitioners/accused No.1 and 3 have filed this
petition under Section 439 of Cr.P.C. praying for releasing
them on bail in Crime No.89/2024 of Kumaraswamy
Layout Police Station for the offences punishable under
Sections 399 and 402 of IPC.
2. The petitioners contend that they are innocent of
the alleged offenses and they have got valid and tenable
defense on their behalf. They never committed or involved
in the alleged crime either directly or indirectly, but they
have been falsely implicated in the case. They hail from a
respectable families. They have no bad antecedents or
previous convicts. They are the permanent residents of the
Crl.Misc.No. 3149/2024
14
addresses mentioned in the cause title, as such, they will
not abscond or delay the proceedings of the court. The
alleged offences are not exclusively punishable either with
death or imprisonment for life. They are ready and willing
to abide by the terms and conditions imposed by the court.
They are ready to offer surety to the satisfaction of the
court and hence, prays for allowing of this bail petition.
3. On the other hand, the learned Public Prosecutor
has filed his objections along with the report of the I.O. &
opposed the above application that the grounds urged for
granting bail are not satisfactory.

If the petitioners are
granted regular bail, then they may abscond, threaten &
tamper the prosecution witnesses which in turn may
hamper the trial & accordingly, prayed for rejection of the
bail petition.
4.

Heard on both sides.

5.
The
consideration:-
following
points
arose
for
my
14
Crl.Misc.No. 3149/2024
1) Whether the petitioners/accused
have urged sufficient grounds to
allow their bail petition filed u/s 439
of Cr.P.C.?
2) To what Order?
6.

My findings on the above points are as follows:Point No.1 – In the Affirmative.
Point No.2 – As per final Order,
for the following:
R E A SON S
7. Point No.1 :- It is the specific case of the
prosecution that, on 25.3.2024 at about 8.45 p.m. when the
complainant Ц Sarthik S.L., P.S.I of Kumarswamy Layout
Police Station was in his station, he received credible
information that at Muniyappa Compound, Pipe Line Road,
Illiyaz Nagar, Bangalore within the limits of respondent
station, 5-6 persons alleged to have been unlawfully
assembled with deadly weapons making preparations for
committing dacoity of public who would come there. So, the
complainant secured the panchas and along with his staff
rushed near the spot of offence and ascertained the message
Crl.Misc.No. 3149/2024
14
that the culprits were making preparations for committing
dacoity.

So, all of them surrounded the accused and
apprehended the accused persons and arrested accused
Nos.1 to 3. Accused No.4-Vinay Kumar @ Wini and accused
No.5-Manka @ Chinnarasu escaped from the spot.

Said
accused No.4 and 5 thrown one knife and one club.

On
search of the accused, they found knife, iron rod, wicket of
wood. P.C.No.19706-Sri.Shivarama conducted panchanama
in between 10.00 p.m. to 11.00 p.m. and seized the knife,
club, iron rod and wicket of wood etc., and sealed the pack
as УKSФ. The matter was typed in the laptop brought from
the police station and taken the printout and then brought
the accused along with the seized articles to the Police
Station
and
registered
case
against
the
accused
in
Cr.No.89/2024 for the offences punishable U/s. 399 and
402 of IPC.
8. It is the contention of the petitioners that they are
innocent of the alleged offences, but they have been falsely
Crl.Misc.No. 3149/2024
14
implicated in this case. That, at no point of time they
committed any offences much less the alleged offences.
The entire material placed on record does not make out any
prima facie case against the petitioners. There is no overt
act attributed against the petitioners.

There are no
reasonable grounds to believe that the petitioners are guilty
of the alleged offences. The alleged spot located in a busy
area, as such, the unlawful assembling with deadly
weapons and attempting to loot the public is unbelievable
story of the complainant.

The petitioners are
the
permanent residents of Bengaluru having deep roots in
society. The offences alleged are not punishable with death
or imprisonment for life.

The petitioners undertakes to
abide by the conditions which may be imposed and to offer
surety to the satisfaction of the Court. Hence, it is prayed
to allow the petition.
9.

The learned public prosecutor representing the
State, filed objections to the bail petition and submitted his
arguments that the petition filed by the petitioners is not
Crl.Misc.No. 3149/2024
14
tenable either in law or on facts of the case. The materials
placed on record is sufficient to show the involvement of
the
accused
in
commission
Investigation is not completed.

of
the
alleged
offence.

Accused are the habitual
offenders. Under such circumstances, if the petitioners are
released on bail, they may tamper with the prosecution
witnesses and abscond from the jurisdiction of Court.
Hence, it is prayed to reject the bail petition.
10. It is to be noted that the offences alleged against
the petitioners under Sections 399 and 402 of I.P.C. are of
course non-bailable, but not punishable with death or
imprisonment for life. All the incriminating materials are
recovered from the possession of the accused under the
cover of panchama. So, in my opinion the presence of
accused
is
no
more
required
for
the
purpose
of
investigation, since nothing is to be recovered from the
possession of the accused. If the petitioners are detained
under Judicial custody, it will curtail their life and liberty
as a sort of pre-trial punishment. Pre-trial detention of the
14
Crl.Misc.No. 3149/2024
petitioners as if punishment is not fair in law.

The
petitioners are presumed to be innocent till their guilt is
proved. The truth or falsity of the complaint averments are
yet to be proved at the time of full-fledged trial.

In the
remand application itself the respondent Ц police have
submitted that the petitioners are no more required for
investigation. The petitioners have undertaken to furnish
surety to the satisfaction of the Court and to abide by the
conditions which may be imposed. So, looking to the facts
and circumstances of the case, I think it is just and proper
to grant the relief of bail to the petitioners as prayed.
However, the interest of the prosecution can be safeguarded
by imposing stringent conditions on the petitioners.

As
such, I answer point No.1 in affirmative.

11.

Point No.2 :-
Having regard to my above
observations and my findings on the above point No.1 in
affirmative, I proceed to pass the following:-
Crl.Misc.No. 3149/2024
14
O R DE R
The
bail
petition
petitioners/accused
No.1
filed
and
by
3
the
under
Section 439 of Cr.P.C., is hereby allowed.
The petitioners/accused are ordered
to be released on bail in Crime No.89/2024
for the offences punishable under Sections
399 and 402 of I.P.C on execution of
personal bond for Rs.1,00,000/- each, with
one solvent surety for the likesum to the
satisfaction of the concerned court, subject
to following conditions:
1. That the petitioners shall mark their
attendance before the SHO of the
respondent Police once in a month on
every 2nd Saturday in between 10.00
a.m., to 8.00 p.m., till filing of the
final report or for the period of six
months from today, whichever is
earlier.
2. That the petitioners shall not hold any
threat to the complainant and shall
not
tamper
with
any
of
the
Crl.Misc.No. 3149/2024
14
prosecution
witnesses
directly
or
indirectly.
3. That the petitioners shall furnish their
residential address proof and that of
their sureties.
4. That the petitioners shall co-operate
with the Investigating Officer as and
when
called
for
the
purpose
of
investigation.
5. That
the
petitioners
shall
appear
before the concerned court regularly
on all the dates of hearing without fail
till the disposal of the case.
6. That if the petitioners fails to obey any
of the above said conditions, then this
bail
order
automatically
stands
cancelled.
(Dictated to the Judgment-Writer directly on computer,
corrected, signed and then pronounced by me in the open
Court on this the 3 rd day of May, 2024).

(Sirajuddeen A.),
XX ACC & SJ,
C/C LXI ACC & SJ
Bangalore.