IN THE COURT OF LXXI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-72)
DATED THIS THE 23 rd DAY OF JANUARY, 2023
PRESENT:
Smt. K.S.JYOTHISHREE, B.Com, L.L.B.
LXXI Addl. City Civil & Sessions Judge,
Bengaluru.
CRL.MISC.No.516/2023
Petitioner
1. K.Subramani,
Aged about 64 years,
S/o Krishnappa,
R/at No.40, 4th Cross,
Chikkabasavanapur,
K.R.Puram, Virgonagar
Post, Marasandra,
Bengaluru.
2. Krishna Murthy,
Aged about 28 years,
S/o M.Jayarama,
R/at 5th Cross,
Opp.Sapalamma Temple,
Chikkabasavanapur,
K.R.Puram, Virgonagar
Post, Marasandra,
Bengaluru.
3.Krishna @ Krishnappa,
Aged about 52 years,
S/o Kannappa,
R/at No.338, Sarjapur
Road, Rajiv Gandhi
2
Crl.Misc.No.516/2023
Ashraya Yojane,
Doddakanneli,
Bengaluru.
4. Smt. Hemavathi,
Aged about 38 years,
W/o Ramesh,
R/at 5th Cross,
Priyadarshini Layout,
Chikkabasavanapur,
Virgonagar, Bengaluru.
(By Sri. Srikanth B.G,
Adv.)
AND
Respondent State of Karnataka
K R Puram 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 petitioners
under Section 438 of Cr.P.C. praying to grant an order
of anticipatory bail in the event of their arrest in
Crime No.9/2023 for the offences punishable U/s.
341, 354, 324, 323, 504, 506 r/w 34 of IPC.

3
Crl.Misc.No.516/2023
2. The facts are as under:
Complainant is the Vice President of BJP
Women
Morcha.

She
is
a
Social
worker.

The
petitioners always used to abuse the complainant for
one or the other reason. On 12.01.2023, about
2.00p.m,
at
Basavanapura,
Priyadarshini
the
Layout
petitioners
with
Mainroad,
common
intention, restrained the complainant from moving
further, abused her in filthy language, dragged her
hands, pulled her hairs, assaulted with hands and
threatened with dire consequences.
3. Grounds for bail:
1. The petitioners are innocents.
2. The petitioner No.4 had preferred
complaint. So, false case is registered against
the petitioners.
3. The complainant used to put threat to the
local people, started exploiting the property of
owners of PTCL Grants Lands to gain illegally.
4. The petitioner No.4 is residing in the PTCL
Grant Land in Survey No. 25/1. The same
was confirmed by A.C. The matter is pending
before Hon’ble High Court.

4
Crl.Misc.No.516/2023
5. On 12.01.2023, the complainant and her
followers partially demolished the dwelling
house with JCB and hence case was
registered against the compl in Crime
No.8/2023.
6. They are ready to abide by the conditions to
be imposed by the court.
With these contentions, they have 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 petitioners
to reject the bail. If the bail application is allowed, the
petitioners 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 petitioners have made
out sufficient grounds to grant
anticipatory bail ?
2. What order?

5
7.

My
findings
on
Crl.Misc.No.516/2023
the
above
points
are
hereunder:
Point No.1:
Point No.2:
In the affirmative
As per final order,
for the following:
R EAS O N S
8. Point No.1: It appears that, counter case was
registered against the complainant and others in
Crime No.8/2023. The alleged quarrel was pertaining
to Land dispute. The complainant has alleged that the
petitioners
with
common
intention
abused
her,
assaulted, put life threat and attempted to outrage
her modesty.
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 petitioners is
yet to be proved. The alleged offences are not
punishable with death or imprisonment for life. They
6
Crl.Misc.No.516/2023
are to be tried before learned Magistrate. Hence, there
is absolutely no reason to deny benefit of anticipatory
bail to the petitioners 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
petitioners under Section 438 of Cr.P.C.
is hereby allowed.
The respondent police is hereby
directed to release the petitioners in the
event of their arrest in Crime No.9/2023
for the offences punishable U/s. 341,
354, 324, 323, 504, 506 r/w 34 of IPC,
subject to the following conditions:
1. The
petitioners
shall
execute
personal bond for Rs.50,000/- each
with like sum surety.
2. The petitioners 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 23rd day of January, 2023)
(K.S.JYOTHISHREE)
LXXI Addl. City Civil & Sessions Judge
Bengaluru.