KABC010090192024
IN THE COURT OF THE PRINCIPAL CITY CIVIL AND
SESSIONS JUDGE, AT BENGALURU
Dated this the 10th day of April, 2024
Present:
Shri Muralidhara Pai B.
B.Com., LL.B.

Principal City Civil and Sessions Judge,
Bengaluru.
Crl. Misc. No. 3201/2024
Petitioner
:
Sri. Manikanta @ Mutta,
S/o Late Murugesh,
Aged about 25 years,
R/ No. 83, 9th ‘A’ Cross,
Indira Gandhi slum,
Vivek Nagar post,
Banaglore – 560047.
(By Sri N. Gopal, Advocate)
Vs.

Respondent
:
The State of Karnataka,
by Koramangala Police Station,
Bengaluru.
[By Sri Chinnavenkataravanappa,
Public Prosecutor]
ORDER
Accused No.3 in Crime No. 284/2018 of Koramangala
Police Station has maintained this petition under Section 439
Crl.Misc.No. 3201/2024
2
of Criminal Procedure Code praying to enlarge him on regular
bail in the case, in the interest of justice.

2.

The prosecution has filed objection to this petition.

3.

Heard learned Counsel for Petitioner and learned
Public Prosecutor.
4.

The
following
points
would
arise
for
the
consideration of this Court:
5.

1.

Whether the Petitioner is entitled for
bail?

2.

What Order?

The findings of this Court on the above points are
under:
Point No.1:-
In the Affirmative;
Point No.2:for the following:
As per final order;
REASONS
6.

Point No.1: On 26.8.2018 Koramangala Police had
registered a case in Crime No. 284/2018 against the
Petitioner herein and others for the offenses punishable under
Sections 399 and 402 of IPC, based on a report submitted by
Crl.Misc.No. 3201/2024
3
Sri Siddappa, Police Sub-Inspector of Koramangala Police
Station. After completing the investigation, a charge sheet
came to be filed against them for the alleged offenses and a
case in C.C. No. 3858/2019 came to be registered.
7.

The Petitioner herein has been arraigned as
Accused No.3 in the said case. The case papers reveal that
the Informant had apprehended the Petitioner herein and
three others during the raid and produced them before SHO
at the time of lodging the complaint.

Thus, it seems that the
Petitioner herein was subsequently on bail in the case. The
entries found in CIS pertaining C.C. No. 3858/2019 indicate
that he was taken to custody in the said case on 12.9.2023 by
executing NBW issued against him.
8.

The Petitioner has maintained this petition on
1.4.2024 praying for regular bail in the case on the ground
that he is ready to furnish surety for the satisfaction of the
Court as well as he is ready and willing to abide by any
conditions imposed by the Court.

In the petition, he has
urged several other grounds such as improper identity, delay
Crl.Misc.No. 3201/2024
4
in filing the charge sheet, suffering from covid-19, no
damages caused and that the maximum imprisonment
prescribed for the alleged offenses is less than 3 years. This
Court does not find any substance in such contentions of the
Petitioner.
9.

Even then, this Court does not find valid reason to
detain the Petitioner in custody pending disposal of the case.
It is because the case in question relates to an incident said
to have been committed on 26.8.2018 and the Petitioner has
stated that he is ready to abide by any condition that may be
imposed by the Court. Further, it seems concerned court has
proceeded with the case against other co-accused. In the
above circumstances, this Court opines that imposition of
stringent conditions would serve the purpose.

Accordingly,
Point No.1 is answered in the affirmative.
10.

Point No.2: In the result, this Court proceeds to
pass the following:
ORDER
The petition filed under Section 439 of Criminal
Procedure Code is allowed.

Crl.Misc.No. 3201/2024
5
The Petitioner is ordered to be released on bail
in C.C. No. 3858/2019, presently pending on the file
of
XXXIX
ACMM,
(Crime
No.

284/2018
of
Koramangala Police Station) Bengaluru, subject to
following conditions:
1.

The Petitioner shall execute a personal
bond for Rs.50,000/- along with one surety
for the like sum, to the satisfaction of
concerned court.

2.

The Petitioner shall deposit a sum of
Rs.5,000/- in C.C. No. 3858/2019 as fine
for having failed to comply with earlier bail
conditions and subject to further order that
may be passed by concerned court under
Section 446(3) of Cr.P.C.

3.

The Petitioner shall not hold any threat to
or lure the prosecution witnesses in any
manner.

4.

The Petitioner shall furnish his present
address, mobile number and e-mail if any
to
concerned
document.

court
with
supporting
Crl.Misc.No. 3201/2024
6
5.

The Petitioner shall not change his present
place of residence pending disposal of the
case without prior permission of the Court.

6.

The Petitioner shall produce address proof
document pertaining to his surety at the
time of executing bail bonds.

(Dictated to the Stenographer Grade-II directly on the
computer, typed by her, then corrected and pronounced by
me in the Open Court on this the
10 th day of April,
2024).

(Muralidhara Pai B.)
Principal City Civil & Sessions Judge,
Bengaluru.