KABC010085902024 IN THE COURT OF THE LXIII ADDL.CITY CIVIL & SESSIONS JUDGE (CCH-64) AT BENGALURU Dated this the 16th day of April 2024 : PRESENT : Sri.A.V.Patil, B.Com., LL.B., LXIII ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY. CRIMINAL MISCELLANEOUS NO.3042/2024 PETITIONER : Deepu @ Deepak Anchi S/o Rajesh Kumar, Aged about 21 years, Residing at No.95, Near Post Office, Gottigere, Bengaluru – 560 083. (Accused No.1) (By Sri.Parthasarathy, Advocate) – Vs – RESPONDENT : State by Hulimavu Police Station, Bengaluru. (By Public Prosecutor) 2 Crl.Misc.No.3042/2024 O R D E R The petitioner has filed this petition u/s 438 of Cr.P.C., for release on bail in the event of his arrest in connection with a case registered in Cr.No.108/2024 of respondent Police Station for the offences punishable u/s 143, 144, 147, 307, 504, 506 r/w 149 of IPC.

2. It is stated in the bail application that the

petitioner is innocent and has not committed any offences as alleged in the complaint. There is a delay in lodging the complaint and the complainant has not given proper reasons for the said delay. The petitioner never abused the injured/Puneeth, picked-up quarrel and assaulted the complainant and injured. Accused No.3 has lodged complaint against the complainant and others for having assaulted him and petitioner and due to which the petitioner has sustained injuries and underwent medical treatment at Bengaluru Medical College and Research Centre, K.R.Road, Bengaluru. The offences alleged against the petitioner are not punishable either with death or imprisonment for life and are triable by the Court of Magistrate. He is ready and willing to abide by the terms and conditions imposed while releasing him on bail. In view of 3 Crl.Misc.No.3042/2024 registering of FIR, he apprehends his arrest. Hence, prayed to grant anticipatory bail.

3. The learned P.P. has opposed the bail application

by filing the objection statement. According to him, the materials collected during the investigation prima-facie disclose that the petitioner has committed the offence alleged against him. Hence, prayed to dismiss the bail petition filed by the petitioner.

4. Heard the arguments from learned Counsel for

petitioner and learned Public Prosecutor. Perused the materials placed on record.

5. The points that arise for my consideration are:

1. Whether the petitioner is entitled for anticipatory bail as prayed in the application filed under Sec.438 of Cr.P.C.?

2. What order?

6. My answer to 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 S O N S

7. Point No.1:- One Sri.Shivu R. S/o Ravi Singh

lodged complaint before the respondent/Police on 14.03.2024 against the present petitioner and others alleging that the complainant and Punith are close friends. About 2 years back, Punith quarreled with the 4 Crl.Misc.No.3042/2024 petitioner and due to that grudge they often used to quarrel each other. On 13.03.2014 at about 03.00 p.m., the complainant and Punith took Tea at Bakery situated at G.R.Apartment, Kammanahalli and went towards the grounds situated behind the Bakery and while having Tea the petitioner came and questioned Punith as to why he is always starring and given punch on his face. The complainant went to pacify the galata, at that time petitioner assaulted the complainant also. Same time, accused No.2/the brother of the petitioner and his friends came there and assaulted the complainant and Punith with an intention to kill the petitioner assaulted on the head of Punith and other parts of the body with stone. Accused No.2 assaulted with the help of stick, accused No.3, 4 and others with an intention to kill them, assaulted them and Punith sustained severe injuries to his head. The complainant is taking treatment at Vijayashree Hospital and Punith is taking treatment at Sanjay Gandhi Hospital. On the basis of the complaint, the respondent/ Police have registered FIR against the accused for the aforesaid offences.

8. Accused No.3 filed the complaint against the 5 Crl.Misc.No.3042/2024

present complainant and others. On the basis of the said complaint FIR is registered under Crime No.109/2024. In the said incident the petitioner has sustained injuries and underwent medical treatment at Bengaluru Medical College and Research Centre, K.R.Road, Bengaluru. In view of the registering of FIR for non bailable offences the petitioner has apprehension of arrest.

9. At the outset, it is material to note that except the

offence punishable u/s 307 of IPC all other offences are bailable in nature. Though offence punishable u/s 307 of IPC is non bailable in nature, is not punishable with death imprisonment. The incident alleged to have occurred on 13.03.2024 at about 3.00 p.m. and complaint is lodged on 14.03.2024 at 6.30 p.m. There is delay in filing the complaint. Accused No.3 also lodged the complaint against the present complainant and others and FIR is registered under Crime No.109/2024. The learned PP submits that the injured complainant and Puneet have already discharged from the Hospital and there is no danger to their life. The involvement and commission of offence by petitioner is yet to be proved. The truth is to be ascertained during the course of trial. The petitioner is ready to furnish 6 Crl.Misc.No.3042/2024 surety and ready to abide by the conditions that may be imposed by this Court while passing the order. As per the averments of bail application, the petitioner is the permanent resident of the address shown in the petition. The offences alleged against the petitioner are cognizable offences and as per the provisions of Cr.P.C. the I.O. may arrest the petitioner without warrant. The apprehension of the prosecution can be taken care of by putting suitable conditions. Having regards to the facts and circumstances of the case, gravity of the offences alleged, punishment prescribed for them and apprehension of the arrest of the petitioner by the I.O. in the considered opinion of this Court the petitioner is entitled to grant anticipatory bail by imposing appropriate conditions. Accordingly, I answer this point in the affirmative.

10. Point No.2:- In view of my findings on Point No.1,

I proceed to pass the following; O R D E R The bail petition filed by petitioner u/s 438 of Cr.P.C is hereby allowed and anticipatory bail is granted. In the event of his arrest by the I.O. in Crime No.108/2024 of Hulimavu Police Station, is 7 Crl.Misc.No.3042/2024 directed to enlarge him on bail on executing his personal bond for Rs.90,000/- with one surety for like sum subject to following conditions:

1. Petitioner shall appear before the respondent Police within 20 days from the date of this order.

2. Petitioner shall not tamper with the prosecution witnesses in any manner.

3. Petitioner shall appear before the Court during trial and co-operate for the disposal of the case.

4. Petitioner shall not commit similar to the offence alleged against him.

5. Petitioner shall appear before the I.O. as and when called for investigation.

6. Petitioner shall furnish the attested copy of his respective Adhaar card and present residential address proof to the I.O.

Notwithstanding this order of anticipatory bail do not in any manner limit or restrict the rights and duties of the police or investigating agency, to investigate into the charges against the petitioner. (Dictated to the Stenographer Grade-I directly on Computer, typed by her, taken print out, corrected by me and then pronounced in the open Court on this the 16th day of April 2024) (A.V.PATIL) LXIII Addl. City Civil and Sessions Judge (CCH-64), Bengaluru City.