IN THE COURT OF LXXI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-72)
DATED THIS THE 25 th DAY OF JANUARY, 2023
PRESENT:
Smt. K.S.JYOTHISHREE, B.Com, L.L.B.
LXXI Addl. City Civil & Sessions Judge,
Bengaluru.
CRL.MISC.No.586/2023
Petitioner
Gaddeppa,
S/o Basappa Gujjalla,
Aged about 40 years.
R/at Jamalpur, Shorapur
Yadgir-585291
(By Sri.Mahanthesh M,
Adv.)
AND
Respondent State of Karnataka
Yelahanka P S,
Bangalore.
(By the learned Public
Prosecutor)
ORDER ON BAIL APPLICATION FILED U/S.438
OF Cr.P.C.
The bail application is filed by the petitioner
under Section 438 of Cr.P.C. praying to grant an order
2
Crl.Misc.No.586/2023
of anticipatory bail in the event of his arrest in Crime
No.355/2022 for the offences punishable U/s. 354,
323, 504, 506 r/w 34 of IPC.
2. The facts are as under:
During 2021, the petitioner and other accused
persons were assaulted the complainant. In this
regard, the criminal case was registered against the
petitioner and others at Kodekkal police station,
Surpur Taluk. On 26.11.2022, at about 4.30p.m, the
petitioner and other accused persons with common
intention, started quarrel with the complainant,
abused
in
filthy
language,
dragged
her
hands,
assaulted, attempted to outrage her modesty and put
life threat.
3. Grounds for bail:
1. The petitioner is innocent.
2. The alleged incident was took place on
26.11.2022 and the complaint was lodged on
03.12.2022.
3
Crl.Misc.No.586/2023
3. The petitioner is not involved in the alleged
offences.
4. At no point of time, the petitioner had
abused the complainant and attempted to
outrage her modesty.
5. The petitioner is ready to abide by the
conditions to be imposed by the court.
With these contentions, he has requested to
allow the application.
4. The learned Public Prosecutor has filed the
objections and re-iterated the complaint averments.
There are prima facie materials against the petitioner
to reject the bail. If the bail application is allowed, the
petitioner may put threat to the complainant. Hence,
prayed for dismissal of the application.
5. Heard.
6. Now the points that arise for my consideration
are:
1. Whether the petitioner has made
out sufficient grounds to grant
anticipatory bail ?
2. What order?
7. My answer to the above points are hereunder:
4
Point No.1:
Point No.2:
Crl.Misc.No.586/2023
In the affirmative
As per final order,
for the following:
R EAS O N S
8. Point No.1: According to the complainant,
earlier, the petitioner and others assaulted her and
criminal case was registered against them. Now, she
has
alleged
that,
the
petitioners
with
common
intention, outraged her modesty and threatened with
dire consequences.
9. It appears that I.O. has commenced the
investigation,
conducted
mahazar,
recorded
the
statement of witnesses and completed the major part
of the investigation. The involvement of petitioner is
yet to be proved. The alleged offences are not
punishable with death or imprisonment for life. They
are to be tried before learned Magistrate. Hence, there
is absolutely no reason to deny benefit of anticipatory
5
Crl.Misc.No.586/2023
bail to the petitioner at this stage. Consequently, the
point No.1 is answered in the affirmative.
10. Point No.2: Hence, I proceed to pass the
following:
ORD ER
The bail application filed by the
petitioner under Section 438 of Cr.P.C.
is hereby allowed.
The respondent police is hereby
directed to release the petitioner in the
event
of
his
arrest
in
Crime
No.355/2022
for
the
offences
punishable U/s. 354, 323, 504, 506 r/w
34 of IPC, subject to the following
conditions:
1. The
petitioner
shall
execute
personal bond for Rs.50,000/- with
like sum surety.
2. The petitioner shall not threaten
the
complainant
and
other
witnesses.
(Typed to my dictation by the Stenographer directly on the computer, corrected by me and
then pronounced in open Court on this the 25th day of January, 2023)
(K.S.JYOTHISHREE)
LXXI Addl. City Civil & Sessions Judge
Bengaluru.