Crl.Misc.No.8273/2023
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KABC010227462023
IN THE COURT OF THE LVI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU (CCH 57)
: Present :
Sri.T.Govindaiah, B.Com., LL.B.,
LVI Addl. City Civil & Sessions Judge,
Bengaluru.
Dated this the 31st Day of August, 2023.
Crl.Misc.No.8273/2023
PETITIONER
1. Deekshith N. @ Bharth @ Chinnu
S/o Nagaraju B
Aged about 23 years
R/at No.15/28, 2nd Floor,
9th Main Road,
Shivanagar, Rajajnagar
Bengaluru н560 010
(By Sri.Nandeesha L. Advocate)
V/s
RESPONDENT
State of Karnataka
By: Siddapura
Police Station,
Bengaluru.
(Rep. by: Public Prosecutor)
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Crl.Misc.No.8273/2023
ORDER
This petition is filed under Section 438 of Cr.P.C. for
grant of bail in the event of his arrest in Crime No.211/2023
registered by the respondent police for the offence punishable
under Sections 504, 506, 307 r/w 34 of IPC on the file of II
ACMM, Bangalore.
2.

The petitioner is arrayed as accused No.2 and has
sought for bail on the grounds that, he is innocent. He has
got valid and tenable defence. He has not involved in any
offence. There is delay in lodging the complaint. The name of
the petitioner is not found in the FIR or in the complaint. He
has been falsely implicated. The injured has not suffered any
vital injuries.

He hails from respectable family. He has no
bad antecedents. No prima facie case is made out against the
petitioner. He is a permanent resident of Bengaluru.

The
offences alleged are not exclusively punishable with death or
life imprisonment. He is ready and willing to abide by the
conditions that may be imposed. He is ready to furnish
surety.

Crl.Misc.No.8273/2023
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3. The Prosecution has filed objections narrating the
facts of the case. Prima facie the prosecution papers discloses
the involvement of the petitioner. The alleged offences are
punishable with imprisonment for 10 years. If the petitioner
is granted bail, he would tamper with the witnesses and
evidence. He may commit similar offence. He may abscond.
Hence, sought for rejection of the petition.
4.

Heard the arguments of both sides.

5.

The following points arise for my determination:н
1. Whether the petitioner is entitled for
anticipatory bail as provided under
Section 438 of Cr.P.C.?

2. What order?
6.

My findings on the above said points are as
follows;
Point No.1
:
In the Negative
Point No.2
:
As per final order for the
following :н
REASONS
7.

Point
No.1:н
As
could
be
seen
from the
prosecution papers it reveals that, on 17.08.2023 at about
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Crl.Misc.No.8273/2023
the complainant went for his job and after finishing the work
he returned to his house at kanakanapalya at about 11.00
p.m. At about 11.30 p.m he along with his friends Nithin and
Sathish were eating at that time accused persons came to his
house and knocking the door. Then the complainant opened
the door, at that time accused No.1 and his friends were there
and they were holding long and machu in their hands. When
the complainant opened the door, the accused No.1 and his
friends. Asked for Varun @ Moorki, for which the complainant
said that he is not allowing anyone in his room. All of a
sudden accused No.1 assaulted the complainant on his head
and left hand and caused bleeding injuries. When the
complainant and his friends shouted, the said accused
persons assaulted the complainant , abused him in a filthy
language and also threatened with dire consequences.
Thereafter he shifted to Mayya hospital and took first aid.
Then the doctor advise to take him to Sanjay Gandhi hospital.

8.

The learned counsel for petitioner submitted that,
petitioner is innocent and he has not committed any offences
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Crl.Misc.No.8273/2023
as claimed by the complainant. He has no bad antecedents.
He has been falsely implicated. At no point of time the
petitioner was not present at the alleged spot.
9.

Further The Learned Public Prosecutor has objected
for grant of bail to the petitioner. The investigation under
progress. If the petitioner is granted the relief, he may
threatened the complainant, tamper with the prosecution
witnesses. He may commit similar nature of offence. Since
from the date of incident he is absconding. If he released on
bail he may abscond. The accused No.2 and 4 were yet to be
arrested. The accused No.1 is invovled in 19 other cases and
accused No.2 was involved in 3 other cases of Siddapura and
Sadashivanagar police station. Considering the allegations
made in the complaint, considering the nature and gravity of
offence, this court is of the view that the petitioner is not
entitled for bail. Accordingly, I answer point No.1 in the
negative.
10. Point No.2: In view of my findings on point No.1, I
proceed to pass the following:
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Crl.Misc.No.8273/2023
ORDER
The petition filed by the petitioner under
Section 438 of Cr.P.C., is hereby dismissed.
(Dictated to the Stenographer directly on the computer, then
corrected and pronounced by me in the Open Court on this the 31 st Day of
August, 2023)
(T.Govindaiah)
LVI Addl. City Civil & Sessions Judge,
Bengaluru.

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Crl.Misc.No.8273/2023
Order pronounced in open Court
(Vide separate order)
ORDER
The petition filed by the
petitioner under Section 438 of
Cr.P.C., is hereby dismissed.
LVI Addl.City Civil & Sessions
Judge, Bengaluru.

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