Crl. Misc. No.2914/2024 KABC010081822024 IN THE COURT OF THE LXI ADDL. CITY CIVIL, SESSIONS JUDGE: BENGALURU CITY Dated this the 01 st day of April, 2024 -: PRESENT :- SMT.NISHARANI A.C., B.A., LL.B., III ACC & SJ, Bengaluru C/C LXI ACC & SJ Bangalore, (CCH-62) CRL. MISC. No.2914/2024 Petitioner/s : 1. Ganesh S/o.L.Krishnappa Aged about 30 years R/a.No.54 1st Cross Katriguppe Main Road Siddartha Layout BSK 3rd Stage Bengaluru-560 085. (By Sri.Venkataprakash.G.K.,Adv.) V/s. Respondent : The State by C.K.Achukattu Police Station Bengaluru. Crl. Misc. No.2914/2024 (Rep. by Public Prosecutor, Bengaluru.) ORDER ON BAIL APPLICATION ONE FILED BY THE PETITIONER UNDER SECTION 439 OF Cr.P.C. This criminal Mis. Petition is filed by the petitioner under Section 439 of Cr.P.C., seeking the relief of regular bail in relation to the case bearing No-Cr. No.108/2015 now in C.C.No.15311/2015 & split up in C.C. No.28839/2016, which is registered by the C.K.Achukattu Police Station, Bengaluru alleging that petitioner has committed the offences punishable under Section 399 & 402 of IPC.

2. The petitioner contents that he is innocent of the

alleged offences and he has never committed any offences any offences as alleged either directly or indirectly and he hails from respectable family and has no bad antecedents and he is permanent resident of the address as shown in the cause title of the petition and the co-accused have already been enlarged on bail and hence on parity grounds he is also entitled for bail and there is no specific overt act attributed against him and the alleged offences are not punishable with death or imprisonment for life and he is ready and willing to abide by the conditions that may be imposed by the court and he is also ready to offer solvent surety to the satisfaction of the court for his release on bail, hence he is entitled for bail. Crl. Misc. No.2914/2024

3. 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 granting 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 offences & petitioner being a proclaimed offender and petitioner himself as voluntarily surrendered himself before the 7th ACMM Court and now if the petitioner is granted bail then he may threaten, abscond & tamper the prosecution witnesses & accordingly prayed for rejection of the bail petition.

4. In view of the above said facts and circumstances, the

points that arise for my consideration are as follows; 1) Whether the bail petition filed by the petitioner under Section 439 of Cr.P.C., deserves to be allowed? 2) To what Order?

5. I have carefully perused the entire materials available

on record and heard the arguments of learned counsel for the petitioner and the learned Public Prosecutor for the respondent. Crl. Misc. No.2914/2024

6. Now, my findings on the above points are as follows:-

Point No.1 – In Affirmative Point No.2 – As per final Order, for the following; R E A S O N S

7. Point No.1:- On perusal of the FIR, complaint &

charge sheet it is alleged that on 11.03.2015 at about 8.30 p.m., in the dark place near Banashankari 3rd stage, Ittamadu, Anjenyanagara, Banashankari Steel, Bengaluru the petitioner/split up accused No.7 along with other accused persons had formed into an unlawful assembly with common object of committing dacoity of the general public who passes thereby holding deadly weapons like iron knife, wooden club, knife etc., and thereby committed the offences punishable under Section 399 & 402 of IPC.

8. Now, it is the contention of the petitioner that he is

innocent and he has not committed any offences & the earlier bail petition filed by the petitioner before this court inCrl. Misc. No.930/2024 was rejected and thereafter the petitioner had filed Crl.P. No.1747/2024 before the Hon'ble High Court of Karnataka and after hearing the matter declines the grant of anticipatory bail and thereafter the petitioner had withdrawn the said petitioner and has voluntarily Crl. Misc. No.2914/2024 surrendered before the trial court on 20.03.2024 and he undertakes to abide by the conditions that may be imposed by this court.

9. On the other hand though the prosecution has

opposed the case of the petitioner that if the petitioner is granted bail then he may abscond and tamper the prosecution witnesses is concerned, the same do not hold any water as the cause title of the petition, copy of the charge sheet and copy of the Aadhar card one produced by the petitioner shows that he is permanent resident of Bengaluru and as such his presence can be secured easily before the Court & I.O.

10. I am aware that this Court cannot and is not

supposed to sift the evidence made available by the prosecution at the time of deciding the bail petition. However, only for the purpose of deciding that whether the petitioner is entitled for bail or not, I discuss the facts alleged by the prosecution and whatever I say, while disposing of this bail petition, cannot be construed as an expression of opinion on the merits of the of the main case.

11. And since the alleged offences of 399 and 402 of

IPC are not at all punishable with death or life imprisonment Crl. Misc. No.2914/2024 and since the alleged offences against the petitioner has to be decided through a thorough trial and since the petitioner himself has voluntarily surrendered before the court on 20.03.2024 and is in judicial custody as stated by the learned public prosecutor in his objections & since the apprehension of the prosecution could be met by imposing stringent conditions then looking into the nature and gravity of the alleged offences, I am of the considered opinion that the petitioner has made out a prima-facie case for grant of bail subject to conditions and accordingly, I have answered the above point No.1 in affirmative.

12. Point No.2 :- In view of the discussion made on

point No.1 and further holding it in the affirmative, I proceed to pass the following:- O R D E R The bail petition filed by the petitioner u/s 439 of Cr.P.C., is hereby allowed subject to following conditions;

1. That the petitioner is ordered to be

released on bail in Cr. No.108/2015 of the respondent police station on executing a personal bond for Rs.1,00,000/- with one surety for the like sum amount. Crl. Misc. No.2914/2024

2. That the petitioner shall not hold any

threat to the complainant and shall not tamper with any of the prosecution witnesses directly or indirectly.

3. That the petitioner shall not leave the

jurisdiction of the trial court without its prior permission.

4. That the petitioner shall furnish his

residential address proof and that of his surety.

5. That if the petitioner fails to obey any

of the above said conditions, then this bail order automatically stands cancelled. (Dictated to the Stenographer, transcribed and typed by her, corrected, signed and then pronounced by me in the open Court on this the 01st day of April, 2024). (NISHARANI A.C) C/C LXI ACC & SJ, B’luru