KABC010015982023
Presented on : 17-01-2023
Registered on : 17-01-2023
Decided on : 21-01-2023
Duration : 0 years, 0 months, 5 days
BEFORE THE LXVI ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
(CCH67)
DATED: This the 21th day of January, 2023
PRESENT
Sri. S. NATARAJ., BAL., LLB.
LXVI Addl.City Civil & Sessions Judge,
Bengaluru
Crl.Misc.No. 508/2023
Petitioner :
Manjunath Lalagandagi
S/o Hanumant,
Aged about 23 years,
R/at Kandalli Village,
Church Back side,
Vadageri Taluk,
Yadagiri District 585 355
Presently residing at
Shakthi Park Apartment,
4th Cross, Wilson Garden,
Bengaluru 560 027.
(By Sri.Gajendra S, Adv.)
/Vs/
Respondent :
State by:
Wilson Garden Police Station,
Bengaluru.
(By Public Prosecutor.)
Crl.Misc.No.508/2023
2
ORDERS ON BAIL APPLICATION FILED UNDER
SEC.439 OF Cr.P.C.
This petition is filed by the petitioner/ accused under
Section 439 Cr.P.C seeking regular bail in Cr.No.8/2023
registered for the offences punishable under Section 307,
324, 504 IPC by the respondent police, pending on the file
6th Additional Chief Metropolitan Magistrate, Bengaluru.
2.
The petitioner case in brief are as follows:
He is innocent of the offence alleged, He has been
falsely implicated. He has not committed any offences. The
offences
are
imprisonment.
not
punishable
The
petitioner
with
is
the
death
or
permanent
life
of
Bengaluru. He is ready and willing to abide by the
conditions and prayed to allow the petition.
3. The learned Public Prosecutor filed objections with
the report of IO that, the petition is not maintainable. The
petitioner with intention to kill the injured, attacked with
Iron pipe on head, caused injuries. The weapon is seized.
The
investigation
is
pending,
against
the
petitioner
sufficient material is on record. If he is released on bail he
Crl.Misc.No.508/2023
3
may tamper the evidence,
abscond
and prayed for
dismissal of the petition.
4. Heard the arguments of both sides and perused
the record.
5. Out of above said facts and circumstances of the
case, the points that arose for consideration are as under:
Point No.1: Whether the petitioner is entitled
for regular bail ?
Point No.2: What Order?
6. My answer to the above points are as under:
Point No.1: In the affirmative
Point No.2: As per the final order for the
following reasons.:
REASONS
7. Point No.1 : It is alleged in the complainant on
12.01.2023 the Complainant and his family members came
near the building around four O’ clock in the evening to
observe the newly constructed building. The Complainant
was observing the construction at Second floor and his
driver Mr. Kabir Hussain had gone to the Sixth floor of the
Crl.Misc.No.508/2023
4
building. In the Sixth floor of the building a plasterer
Manjunath’s
Hussain
friend
asked
him
was
urinating.
why
he
was
When
Mr.
Kabir
urinating
there,
Manjunath, scolded Mr. Kabir Hussain with unspoken
words and hit Mr. Kabir Hussain on the back of the head
with an Iron Pipe, that was there with the intention of
Murdering him and left him bleeding. Then Mr. Manjunath
and his friend took Mr. Kabir Hussain down in the lift and
left. The Complainant took Mr. Kabir Hussain to Agadi
Hospital for treatment and admitted him. The petitioner
had started fight with the intention of killing complainant’s
driver Mr. Kabir Hussain for questioning him about
urinating, scolding him with unspoken sounds and hitting
him on the head with an Iron Pipe, hence prayed to take
appropriate legal action against the petitioner. On the basis
of complaint the respondent police registered the case.
8. It appears from the complaint, The complainant
and accused are not know to each other earlier to incident.
There was no enmity between them. The alleged incident
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Crl.Misc.No.508/2023
took place when the complainant objected the accused,
urinating in the building, he be come angry and picked up
Iron Pipe hit on the head of the complainant. It appears
after the incident, the accused with help of another person
brought the injured from 6th floor to ground floor, left the
injured. If the accused had intention of killing the injured,
he would not have brought the injured to the ground floor.
9. The discharge summery is produced by the
petitioner counsel. He was discharged on 14.01.2023. The
CT brain disclosed, No significant abnormalities visualized
in the brain, no evidence of intracranial hemorrhage or
bony injury. Thus, the injuries appears to be simple in
nature. No doubt to attract the offence under section 307
IPC, the nature of hurt is not the criteria. However, the
facts and circumstances prima facie does not disclose at
the stage to attract the offences under section 307 IPC.
10. The accused was arrested on 14.01.2023, the
weapon as been seized. The petitioner has no criminal
antecedents. Considering the gravity, nature of offence and
Crl.Misc.No.508/2023
6
accusation against the petitioner he is entitled for
bail.
Accordingly, answer point No.1 in Affirmative.
11. POINT No.2: In view of findings given on point
No.1, this Court pass the following order.
ORDER
The
accused
petition
filed
Manjunanth
by
the
petitioner/
Lalagandagi
under
Section 439 Cr.P.C. is allowed.
The petitioner is ordered to be released on
bail
in
Cr.No.8/2023
registered
by
the
respondent for the offence punishable under
Section 324, 504, 307 IPC pending on the file
of
6th
Additional
Magistrate,
Bengaluru
Chief
on
Metropolitan
execution
of
personal bond for Rs.50,000/ with one
surety for the likesum to the satisfaction of
the learned Magistrate, subject to following
conditions.
1. The petitioner/accused shall not threaten the
complainant or prosecution witnesses in any
manner directly or indirectly.
3. Petitioner/accused shall not commit similar
offences.
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Crl.Misc.No.508/2023
4. The observation made in the course of the
order is restricted to this petition only.
(Typed to my online dictation by the Typist, corrected by me
and then pronounced in the open Court on this the 21st day of
January 2023).
(S. NATARAJ),
LXVI Addl. CC & SJ, Bengaluru.
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Crl.Misc.No.508/2023
The Order is pronounced in the
open Court (vide separate
Order).
ORDER
The petition filed by the
petitioner/ accused Manjunanth
Lalagandagi under Section 439
Cr.P.C. is allowed.
The petitioner is ordered to be
released on bail in Cr.No.8/2023
registered by the respondent for the
offence punishable under Section
324, 504, 307 IPC pending on the
file
of
6th
Additional
Chief
Metropolitan Magistrate, Bengaluru
on execution of personal bond for
Rs.50,000/ with one surety for the
likesum to the satisfaction of the
learned
Magistrate, subject
to
following conditions.
1. The petitioner/accused shall not
threaten
the
complainant
or
prosecution
witnesses
in
any
manner directly or indirectly.
Petitioner/accused shall
commit similar offences.
2.
not
3. The observation made in the
course of the order is restricted to
this petition only.
LXVI Addl. CC & SJ,
Bangalore.
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Crl.Misc.No.508/2023