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Crl.Misc.No.8360/2023
KABC010229582023
IN THE COURT OF THE LX ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU (CCH-61)
:PRESENT:
Sri Narashimsa.M.V., B.Com., L.L.B.,
LX Addl. City Civil & Sessions Judge, Bengaluru.
Dated this the 5th day of September, 2023.
Crl.Misc.No.8360/2023
PETITIONER:-
Deepak B (A-1)
S/o Babu Reddy
Aged about 29 years
R/at No.119/8A.2
Kodichikkanahalli Main Road,
Near Golden Bakery
Kavery Nagar, Hongasandra
Bengaluru South Taluk
Bengaluru 560 068.
(By Sri. RVR., Advocate)
-VS-
RESPONDENT:-
The State of Karnataka
By: Bommanahalli Police Station,
Bengaluru.
(Rep. By Public Prosecutor)
ORDER
Petitioner/ Accused-1 in Bommanahalli Police Station Crime
No.210/2023 has filed this bail application under Sec. 438 of Cr.P.C
for grant of anticipatory bail.

He is alleged to have committed
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Crl.Misc.No.8360/2023
offences punishable u/S 283 r/w 34 of IPC.

2. Brief facts of the case as forthcoming from the first
information is as under :
First
informant
Bommanahalli
Sub
is
the
Division,
Assistant
Bilekahalli,
Executive
Bangalore,
Engineer
in
first
information, it is stated that in Ward No. 175, 188 and 189 in
Hongasandra
Balaji
Layout
Kodichikkanahalli Main Road,
road
and
on
14.7.2023,
at
it was noticed that without taking
permission, roads were being digged
for laying cables for Jio
company, A-1 is the Contractor and A-2 is the representative of Jio
company, when first informant visited the said spot on 15.7.2023, the
workers left the spot, hence, seeking legal action, first information
came to be lodged.

3. Accused has urged the following grounds :
Petitioner/Accused -1 is innocent, petitioner doing public
essential work for the public purpose laying cable, BBMP issued
circular on 10.2.2023,
permission for laying of OFC cable,
complainant knowingly went police station lodged a complaint, there
was no material on record to show that accused illegally laying
cable, he is permanent resident of address shown in the cause title,
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Crl.Misc.No.8360/2023
he owns movable and immovable properties, he is having deep roots
in the society, petitioner is ready and willing to abide by any terms
and conditions that may be imposed by this Court and ready to
furnish surety to the satisfaction of
court, respondent police are
making hectic efforts to arrest petitioner and if he is arrested for no
fault of him, hence prays to grant bail on parity grounds.

4. Learned PP filed objections to bail application reiterating
averments
made in
first information, wherein it is stated that
accused is not entitled for grant of bail, if accused is enlarged on
bail, there is every possibility of he threatening the witnesses,
destructing the evidence collected against him, absconding from the
jurisdiction of Court, there are no grounds for considering the bail
application. Along with objection Memo of instructions given by
Investigating Officer is enclosed. Hence, prayed for rejection of bail
application.

5. Heard the learned Advocate for petitioner/accused and the
learned Public Prosecutor.

6. The point that arises for my consideration is :
(1) Whether bail application filed by
petitioner/accused -1 in Bommanahalli Police
Station Crime No.210/2023 deserves to be
allowed ?

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Crl.Misc.No.8360/2023
7. My finding to the above point is in the Affirmative, for the
following :-
REASONS
8.

Point No.1: Along with this bail application, copy of
permission dated 10.2.2023 for laying of Optical Fiber Cable,
furnished.

Aadhar card of petitioner/A-1 is furnished.

is
Learned
counsel for petitioner filed bare Act of the Prevention of Damage to
Public Property Act, 1984.

In Section 4 of the Act punishment
prescribed is not less than one year and it may extend up to ten
years, thus, the offence is non-bailable in nature. It is necessary to
note that permission has been granted by Bruhath Bangalore
Mahanagara Palike. Whether said permission pertains to the place
where road digging was being undertaken, whether the permission is
valid is a matter which will come to fore during investigation.
Considering the fact that earlier permission has been granted by
BBMP, the work undertaken, records pertaining to grant of
permission are in the custody of BBMP, question of destructing them
does not arise. Further, offence alleged against petitioner/accused
No1. Is not punishable with life or death imprisonment. Considering
these factors, I answer above point in the Affirmative and proceed to
pass the following:
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Crl.Misc.No.8360/2023
ORDER
Anticipatory bail application filed by Petitioner/A-1 in
Bommanahalli Police station Crime No.210/2023 is hereby
allowed. Petitioner shall be enlarged on bail in the event of
his arrest by Bommanahalli police subject to the following :
CONDITIONS
1. Petitioner/A-1 shall execute his personal bond for a sum of Rs
50,000/- with one surety for the like-sum.
2. Petitioner/A-1 shall not threaten the witness in any manner.
3. Petitioner/ A-1 shall appear before the investigating officer on
or before 20.09.2023 and co-operate with investigation in all
respects.
4.

If any of the bail conditions are violated anticipatory bail
stands canceled.

(Dictated to the Stenographer, transcribed and typed by him, after
corrections, pronounced by me in the Open Court on this the 5th day of
September, 2023)
(NARASHIMSA.M.V.)
LX Addl. City Civil & Sessions Judge,
Bengaluru.