KABC010160072022
IN THE COURT OF THE LXIII ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH­64) AT BENGALURU
Dated this the 29th day of June 2022
: PRESENT :
Sri.A.V.Patil, B.Com., LL.B.,
LXIII ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY
CRIMINAL MISCELLANEOUS NO.5959/2022
PETITIONER
:
Guruprasad @ Jigijikka
S/o Ramaiah,
Aged about 23 years,
Residing at Gangannaswamy’s
House, 2nd Cross,
Hanumantharayana Palya,
Sunkadakatte, Bengaluru.
(By Sri.H.Nagendra, Advocate)
­ Vs ­
RESPONDENT :
State by Kamakshipalya Police
Station, Bengaluru.
(By Public Prosecutor)
ORDER ON BAIL APPLICATION FILED U/S 439 OF
Cr.P.C.
The petitioner/accused No.5 has filed the petition u/s
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Cri.Misc.5959/2022
439 of Cr.P.C. seeking regular bail in Kamakshipalya Police
Station Crime No.180/2021 (CC No.25741/2021) for the
offences punishable u/s 399 and 402 of IPC and Sec.25­
1(B)(b) of Arms Act, 1959.
2.

It is stated in the bail application that the petitioner is
innocent and has not committed any offences as alleged in
the complaint but he has been falsely implicated in this
case. There are no materials to show that the petitioner has
committed the alleged offences. The respondent/police
have seized seizures from the possession of accused No.1 to
3 at the spot but they have not seized the Gun, Rifle, Pistol
etc., to suit the offence punishable u/s 25­1(B)(b) of Arms
Act.

The investigation is completed and charge sheet is
filed. The accused No.1 and 3 have been enlarged on bail
in Crl.Mis.5814/2021 and accused No.2 is enlarged on bail
in
Crl.Mis.5865/2021.

The
incident
occurred
on
11.07.2021, but the respondent/Police have arrested the
petitioner on 14.07.2021 after 4 days.

He is in judicial
custody from more than 10 ½ months. The offences alleged
are not punishable with death or imprisonment for life. The
petitioner is ready and abide by the conditions to be
imposed by this Court while granting bail. Among other
grounds they prayed to allow the petition.

3
3.

Cri.Misc.5959/2022
The learned P.P. has opposed the bail application by
filing the objections statement. The materials on record
disclose that the petitioner is a habitual offender. After
completion of investigation, IO filed the charge sheet.
Filing of charge sheet against the petitioner is sufficient to
say that he has committed the offences alleged against him.
Among other grounds prayed to dismiss the bail application
filed by the petitioner.
4.

Heard the arguments from learned Counsel for
petitioner and learned Public Prosecutor. Perused the
material placed on record.
5.

The points that arise for my consideration are:­
1. Whether the petitioner is entitled for regular
bail as prayed in the application filed u/s
439 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;
REASONS
7.

Point No.1:­ The complainant filed the complaint on
11.07.2021, at about 10.00 p.m. On the basis of the
complaint the investigating officer investigated the matter
filed the charge sheet and found that the petitioner and
4
Cri.Misc.5959/2022
other accused persons by holding deadly weapons like iron
long club, machhu were making preparation to commit
dacoity/robbery of money and gold ornaments on the
public moving therein. Hence, IO filed the charge­sheet for
the offence punishable u/s 399 and 402 of IPC and Sec.25­
1(B)(b) of Arms Act, 1959.
8.

The learned Counsel for the petitioner vehemently
argued that the accused is in judicial custody from the date
of his arrest i.e., 14.07.2021. Already charge­sheet is filed
in Cr.No.180/2021 of Kamakshipalya Police Station. Since
the investigation is already completed, the presence of
petitioner is not at all required. The offences alleged against
the petitioner are not punishable with death imprisonment.
Hence, prayed to enlarge the petitioner on bail.
9.

Per
contra,
learned
Public
Prosecutor
strongly
opposed the submission of learned Counsel for the
petitioner.
petitioner
Already the bail application filed by the
in
Cri.Misc.No.4527/2022
is
rejected
and
therefore, the present bail application is liable to be
dismissed.
10.

The offences alleged against the petitioner are though
non­bailable
are
not
punishable
with
death
or
imprisonment for life. The investigation is completed and
charge sheet is filed. The bail application filed by the
5
Cri.Misc.5959/2022
petitioner in Cri.Misc.No.4527/2022 is rejected on technical
ground for non­production of document that petitioner was
in JC in Kamakshipalya Police Station Crime No.180/2021.
Therefore, the rejection of Cri.Misc.No.4527/2022 does not
come in the way to decide the present bail application.
Moreover, accused No.1 and 3 have been enlarged on bail
in Crl.Mis.5814/2021 and accused No.2 is enlarged on bail
in Crl.Mis.5865/2021. Since charge sheet is filed the
presence of the petitioner is not required. The involvement
of petitioner is yet to be proved.

The truth is to be
ascertained during the course of trial. The petitioner has
arrested on 14.07.2021 and since then he is in judicial
custody. Continuous detention of the petitioner behind bars
would lead to a circumstance wherein the petitioner may
come in contact with criminal in the jail. As per the
averments of bail application, the petitioner is permanent
resident of the address shown in the petition. He is ready to
furnish the surety and ready to abide by the conditions that
may be imposed by this Court. Having regards to the facts &
circumstances of the case, gravity of the offences alleged,
punishment prescribed for him 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 regular bail
by imposing appropriate conditions. Accordingly, I answer
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Cri.Misc.5959/2022
this point in the affirmative.
11.

Point No.2:­ In view of my findings on Point No.1, I
proceed to pass the following;
ORDER
The regular bail petition filed by petitioner
u/s 439 of Cr.P.C. is hereby allowed.
The petitioner is ordered to release on bail
in
Kamakshipalya
Police
Station
in
CC
No.25741/2021 (Crime No.180/2021) for the
offences punishable u/s 399 and 402 of IPC and
Sec.25­1(B)(b) of Arms Act, 1959 on executing
their personal bond for Rs.75,000/­ with two
sureties for like sum to the satisfaction of the 39 th
ACMM, Bengaluru, on the following conditions:­
1. Petitioner shall appear before the Court
regularly.
2. Petitioner shall furnish the attested copy
of the Adhaar card.
(Dictated to the Judgment Writer, typed by her, taken
print out, corrected by me and then pronounced in the open
Court on this the 29th day of June 2022)
(A.V.PATIL)
LXIII Addl. City Civil and Sessions
Judge (CCH­64), Bengaluru