8
Crl.Misc. No.8357/2023
KABC010229542023
IN THE COURT OF THE LXI ADDL. CITY CIVIL,
SESSIONS JUDGE: BENGALURU CITY
Dated this the 04 th day of September, 2023
-: PRESENT :Sri R.Ravi, B.Sc., LL.B.,
LXI Addl. City Civil & Sessions Judge,
Bengaluru, (CCH-62)
CRL. MISC. No.8357/2023
Petitioner/s
:
1. Devanna @ Devu @ Devaraju
S/o.Ayyanna Desai
Aged about 29 years
R/a.Matadhara Street
Matadhara Oni
Hunsagi,
Yadgir District
Karnataka-585 215
(Accused No.6 in JC)
(By Sri.Rashtrich Chengappa, Advocate)
V/s
Respondent
:
The State by
Madiwala Police Station,
Bengaluru.

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Crl.Misc. No.8357/2023
(Rep. by Public Prosecutor,
Bengaluru.)
ORDER ON ANTICIPATORY BAIL APPLICATION ONE
FILED BY THE PETITIONER UNDER SECTION 438 OF
Cr.P.C
The case of the petitioner is that he is innocent of the
alleged offences and he has been falsely implicated in the
instant case and at no point of time he was involved in the
alleged crime either directly or indirectly and there is no overt
act attributed against him and no recovery has been made
from the possession of the petitioner and the alleged offences
are not exclusively punishable with death or imprisonment for
life and he hails from a respectable family having deep roots
in the society and he has no bad antecedences and he is
permanent resident of the address as mentioned in the
remand application and he is the only bread earning member
in his family and his family members are depending upon him
for their livelihood and he is ready and willing to abide by the
terms and conditions that may be imposed by this court and
he is also ready to offer solvent surety to the satisfaction of
the court for his release on bail and since the respondent
police have registered a false case in C.C. No.20236/2023 (Cr.
No.123/2023) for the offences punishable under Section 395
& 397
of IPC then he prayed for allowing the above
application.

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Crl.Misc. No.8357/2023
2. 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 seeking
anticipatory bail are not satisfactory & since the charge sheet
and other materials placed on record prima-facie discloses the
involvement of the petitioner in commission of the alleged
heinous offences and now at this stage if
granted
the petitioner is
bail then he may abscond, threaten & tamper the
prosecution witnesses which in turn may hamper the trial &
accordingly prayed for rejection of the bail petition.

3. And I have heard the arguments of both sides &
perused the materials placed on record and the points that
would arise for my consideration are as below;
i) Whether the petitioner has made out a
prima-facie case for grant of bail as prayed
in the bail petition?
ii) What Order?

4. My findings on the above points are as follows:Point No.1 – In Negative
Point No.2 – As per final Order, for the following;
R E A SON S
5.

Point No.1:- On perusal of the FIR,
complaint &
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Crl.Misc. No.8357/2023
charge sheet it is alleged that on 01.06.2023 at about 3.00
a.m., when the complainant was going on road in front of the
house of Dhananjaya Reddy, 3rd Cross, Cashier Layout, BTM
1st Stage, Madivala by looking into his mobile phone then the
petitioner and other accused persons came near him and
enquired him as to which area he belongs and assaulted him
with their hands on his teeth, eyes & face & caused grievous
injuries and committed the act of dacoity & robbery by
snatching his mobile phone and 10 grams of gold chain and
thereby committed the offences punishable under Section 395
& 397 of IPC.

6. Now, it is the contention of the petitioner that he is
innocent of the alleged offences and he has been falsely
implicated in the instant case & he has not committed any
offences as alleged either directly or indirectly and the coaccused are totally strangers to him and the alleged offences
are not punishable with death or imprisonment for life & he is
ready to abide by the terms and conditions that may be
imposed by this Court.

7. On the other hand though the prosecution has
opposed the above application that if the petitioner is granted
bail then they may threaten, abscond and tamper the
prosecution witnesses is concerned, the same holds water as
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Crl.Misc. No.8357/2023
admittedly the charge sheet discloses the involvement of the
petitioner in commission of the
heinous offence under
Section 395 of IPC and the same is punishable for
imprisonment for life.

8. And since the other materials
including the charge sheet
placed on record
at this stage discloses that the
petitioner & the other accused persons have committed the
above said heinous offences of Section 397 & 395 of IPC and
since one of the said offence of Section 395 of IPC carries a
punishment for imprisonment for life &
since there is
likelihood of threatening the complainant & tampering of the
prosecution witnesses by the petitioner & since the earlier
bail petition has been dismissed by this Court i.e., Crl. Misc.
No.5400/2023 dt.26.06.2023 and since there is no any
change of circumstances except filing the charge sheet and
since in a ruling of AIR 2017 SC 1685 i.e., in the case of
Virupaksha Gowda V/s. State of Karnataka, it has been
clearly held that ‘Filing of the charge sheet does not in any
manner lessen the allegations made by the prosecution.
On the contrary filing of the charge sheet establishes
that after due investigation the investigating agency
having found the materials has placed the charge sheet
for trial of the accused and hence it substantiates primafacie case against the accused’ & since the petitioner has
not made out any cogent case with sufficient grounds to grant
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Crl.Misc. No.8357/2023
the bail
then I have answered the above point No.1 in
negative.

9.

Point No.2 :- In view of the discussion made on
point No.1 and further holding it in the negative, I proceed to
pass the following:O R DE R
The bail petition filed by the petitioner u/s 439 of
Cr.P.C., is hereby rejected.
(Dictated to the Stenographer directly on the computer, typed by her, corrected, signed
and then pronounced by me in the open Court on this the 04 th day of September, 2023).

(R.RAVI)
LXI ACC & SJ, BТluru
R
RAVI
Digitally signed by R RAVI
DN: cn=R RAVI,ou=HIGH
COURT OF
KARNATAKA,o=GOVERN
MENT OF
KARNATAKA,st=Karnatak
a,c=IN
Date: 2023.09.07
13:48:15 IST