KABC010089642024
IN THE COURT OF THE LXIII ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-64) AT BENGALURU
Dated this the 10th day of April 2024
: PRESENT :
Sri.A.V.Patil, B.Com., LL.B.,
LXIII ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
CRIMINAL MISCELLANEOUS NO.3172/2024
PETITIONERS
: 1.

Karthik
S/o Ranganath,
Aged about 29 years,
Residing at No.03,
3rd Floor, Jyothi Building,
Behind Hanuman Idol,
Doddakammanahalli, B.G.Road,
Bengaluru.
(Accused No.1)
2.

Ravindra
S/o Ambareesha,
Aged about 27 years,
Residing at No.402,
Brindavana
PG,
Tavarekere
Main Road, BTM Layout,
Bengaluru.
(Accused No.2)
(By Sri.Parthasarathy.M
Advocate)
2
Crl.Misc.No.3172/2024
– Vs RESPONDENT :
State by Bellandur Police
Station, Bengaluru.
(By Public Prosecutor)
ORDER ON BAIL APPLICATION FILED U/S 439 OF
Cr.P.C.

The petitioners have filed the petition u/s 439 of
Cr.P.C. seeking regular bail in Bellandur Police Station
Crime No.148/2024 for the offence punishable u/s
364(A) r/w 34 of IPC.
2.

It is stated in the bail application that the
petitioners are innocents and have not committed any
offences as alleged in the complaint. They are totally
strangers to the alleged incident. The complaint filed
by the complainant belatedly. There are no eyewitnesses to the alleged incident. The respondent/
Police have not conducted Test Identification Parade of
the petitioners in presence of the complainant, public
or others. They are the only bread earning members of
their family. They are the permanent residents of the
address mentioned in the cause title. The offence
alleged is not punishable with death imprisonment.
The petitioners are ready to abide by the conditions to
be imposed by this Court while granting bail. Among
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Crl.Misc.No.3172/2024
other grounds they prayed to allow the petition.
3.

The learned P.P. has opposed the bail application
by filing the objections statement. According to him,
the materials collected during the investigation prima
facie disclose that the petitioners have committed the
offences alleged against them. Hence, prayed to dismiss
the bail petition filed by the petitioners.
4.

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

The points that arise for my consideration are:1. Whether the petitioners are 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:
Point No.2:
In the affirmative;
As per final order, for the following;
REASONS
7.

Point No.1:- One Mr.Mohammed Zayd lodged the
complaint before the respondent/Police on 11.03.2024
against
the
unknown
persons
alleging
that
on
08.03.2024 at about 12.00 in the mid-night, his friend
Tushar Goyal has sent a parcel from Koramangala to
his address. In order to receive that parcel he went to
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Crl.Misc.No.3172/2024
Hot and Cool Chai Point situated near the Green Glen
Layout and waiting for the parcel. The said parcel was
coming through accused No.3/Shivaji Suresh Sajjanar,
and when complainant was talking with him, two
persons came from behind, forcibly caught-hold him
and taken him on the Scooty to the BTM Layout and
forcibly they have got transferred an amount of
Rs.50,000/- through Google Pay. Hence, he has lodged
complaint against the persons who have committed the
offence. On the basis of the complaint, the FIR was
registered against the petitioners for the aforesaid
offences.
8.

After registering the FIR, during the course of
investigation,
the
petitioners
were
arrested
on
24.03.2024 on the basis of the amount transferred to
the account through Google Pay and since then they
are in custody.
9.

At the outset it is material to note that as per the
records produced by the petitioners, it is clear that
though the offence punishable u/s 364(A) of IPC is
non-bailable,
it
is
not
punishable
with
death
imprisonment. The incident alleged to have taken place
in the mid night of 08.03.2024 and the complainant is
filed on 11.03.2024 against the unknown persons.

5
Crl.Misc.No.3172/2024
There is in ordinate delay in filing the complaint. The
names of the petitioners not found in the FIR. The
involvement of petitioners and commission of offence by
them is yet to be proved. The truth is to be ascertained
during the course of trial. The bail is rule and jail is
exception. Continuous detention of the petitioners
behind bars would lead to a circumstance wherein they
may come in contact with criminals in the jail. The
petitioners are ready to furnish surety and ready to
abide by the conditions that may be imposed by this
Court while passing the order. The petitioners are the
permanent residents of the addresses shown in the
petition. The apprehension of the prosecution can be
taken care of by putting suitable conditions. Having
regards to the facts and circumstances of the case,
gravity of the offences alleged, punishment prescribed
for them, in the considered opinion of this Court the
petitioner is entitled for grant of regular bail by
imposing appropriate conditions. Accordingly, I answer
this point in the affirmative.
10. 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
petitioners u/s 439 of Cr.P.C. is hereby
6
Crl.Misc.No.3172/2024
allowed.
The petitioners are ordered to release on
bail
in
Bellandur
Police
Station
Cr.No.148/2024 for the offences punishable
u/s 364(A) r/w 34 of IPC, on executing his
personal bond for Rs.80,000/- each with one
surety for like sum to the satisfaction of the
learned
41st
ACMM,
Bengaluru,
on
the
following conditions:1. Petitioners shall not
prosecution witnesses.

tamper
with
the
2. Petitioners shall not commit similar offences.
3. Petitioners shall appear before the Magistrate
Court and Sessions Court regularly as and
called for.
4. Petitioners shall furnish the attested copy of
the Adhaar card and proof of permanent
address.
Notwithstanding this order of
regular bail do not in any manner limit
or restrict the rights and duties of the
Police or investigating agency, to
investigate into the charges against the
Petitioners.
(Dictated to the Stenographer Grade-I directly on Computer,
typed by her, taken print out, corrected by me and then
pronounced in the open Court on this the 10th day of April 2024)
(A.V.PATIL)
LXIII Addl. City Civil and Sessions
Judge (CCH-64), Bengaluru