Crl.Misc.3076/2024 KABC010086882024 IN THE COURT OF THE LXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-69) Dated this the 27th day of April 2024 :PRESENT: Sri.Sabappa,B.Com.,LLB(Spl.) LXVIIIAddl.CityCivilandSessionsJudge, Bengaluru City. CRIMINAL MISCELLANEOUS No.3076/2024 PETITIONER : Manukumar, S/o Nagarajachar, Aged about 35 years, R/at Honganur Village, Channapatna Taluk, Ramanagara. (BySri. Sharath.J.M, Adv.,) V/s RESPONDENT : State by; Kumaraswamy Layout Police Station, Bengaluru. (RepresentedbyPublicProsecutor) Crl.Misc.3076/2024 ORDER ON BAIL PETITION U/SEC.439 OF CR.P.C. This petition is filed by the petitioner under Sec.439 of Cr.P.C., seeking regular bail in connection with Cr.No.04/2015 registered by Kumaraswamy Layout Police, for the offences punishable under Secs.120(B), 302 & 201 r/w 34 of I.P.C.

2. The brief facts of the petitioner's case is that, the

respondent police have registered case against the petitioner and another in Cr.No.04/2015 for the offences punishable Secs.120(B), 302 & 201 r/w 34 of I.P.C based on the complaint filed by one Sri.T.D.Raju. The complainant alleged that, one Shivanna, came to the Police Station lodged complaint stating that his younger brother's son Mahesh was missing since from 30.12.2014 and sought for action. Hence, on the basis of the said complaint, the respondent police registered case in Cr.No.01/2015 against unknown persons. During the course of investigation, the respondent police arrested accused No.1 and enquired him, wherein he confessed that he along with petitioner summoned the deceased Mahesh on 30.12.2014 to Honganur Village and committed his murder and then to destroy the evidence, they threw the dead body into Vrushabhavathi river canal near Nice Road situated at Kengeri. Thereafter, I.O found one dead body in Vrushabhavathi Canal Near Kambipura. Hence, I.O took accused persons and one Jagadish, brother of the deceased, who identified the dead body of the deceased. During the course of investigation, Crl.Misc.3076/2024 the respondent police arrested the petitioner and remanded to J.C. During the course of trial, the petitioner obtained bail and he was regularly appearing before the trial court. It is submitted that, he is working as Carpenter and he move from one district to another district for work. Hence, he was not able to appear before this court. Thereby, this Court issued NBW, proclamation against this petitioner and thereafter, he was arrested and produced before this court and he was remanded to J.C. Thereby, the petitioner who is in J.C. has filed the present bail petition to release him on regular bail.

3. The grounds urged by the petitioner are as under.

The petitioner submitted that, he is innocent of the alleged offences. He has not committed any offences as alleged. The investigation is completed and he is not required for any custodial trial. He is having movable and immovable properties. He hail from respectable family. He is a law abiding and peace loving citizen. He is ready and willing to abide by any conditions imposed by this Court. Hence, he prayed to allow the petition.

4. The learned Public Prosecutor has filed objections to

the bail petition along with the report of the P.I, Kumaraswamy Layout Police Station. It is contended that, the grounds stated by the petitioner are far away from truth. In the objections the learned Public Prosecutor has narrated the facts as stated in the charge sheet. It is further contended that during the course of investigation Crl.Misc.3076/2024 the I.O has visited the spot and conducted spot mahazar and seized the material objects. Earlier this petitioner was enlarged on bail. Thereafter, he was absconding. Another case is registered against the petitioner in Cr.No.82/2024 for the offence U/Sec.229(A) of IPC. The petitioner has committed heinous offence. The alleged offence U/Sec.302 of I.P.C is punishable with death or imprisonment for life. If petitioner is granted bail, there is every chance that he may commit similar offences, abscond, tamper the prosecution witnesses and hamper the evidence. Therefore, the P.P has sought for rejection of bail.

5. Heard both sides. Perused the materials on record.

6. The points that arise for my consideration are:

1. Whether the petitioner has made out sufficient grounds for grant of regular bail U/Sec.439 of Cr.P.C as sought for?

2. What order ?

7. My findings to the above points are as follows:

Point No.1 : In the Affirmative, Point No.2 : As per final order, for the following; R E A S O N S

8. POINT No.1: I have gone through the bail petition,

objection statement and records. It is noticed that the respondent Crl.Misc.3076/2024 police registered case in Cr.No.04/2015 against the petitioner for the offences punishable under Secs.120(B), 302 & 201 r/w 34 of IPC.

9. The learned counsel for the petitioner vehemently argued

and submitted that, the petitioner has been falsely implicated in the above case. He has not committed any offence. During the course of trial, the petitioner obtained bail and he was regularly appearing before the trial court. It is submitted that, he is working as Carpenter and he move from one district to another district for work. Hence, he was not able to appear before this court. Thereby, this Court issued NBW, proclamation against this petitioner and thereafter, he was arrested and produced before this court and he was remanded to J.C. He is ready to abide by any conditions imposed by this Court.

10. Per contra, the learned Public Prosecutor vehemently

argued and submitted that, the accused/petitioner is involved in henious offence. Earlier this petitioner was enlarged on bail. Thereafter, he was absconding. In case petitioner is enlarged on bail, he will try to abscond, commit similar offences and tamper the prosecution witnesses. The alleged offence U/Sec.302 of I.P.C is punishable with death and life imprisonment. He has committed the heinous offence. Thereby, petitioner is not entitled for bail. Crl.Misc.3076/2024

11. In this sort of allegation and counter allegation made by

the parties, on perusal of the records and grounds stated by the petitioner, it is noticed that this petitioner is already enlarged on bail by this Court. Later on, the petitioner remained absent. Thereby, this Court issued NBW against the petitioner. In the meantime, the respondent police arrested the petitioner and produced before this Court. Thereby, the petitioner is remanded to J.C. In this case, some of the witnesses are examined and matter is posted for further cross-examination of PW.8. The learned counsel for the accused had filed application U/Sec.311 of Cr.P.C. The same is allowed on payment of cost. Thereby, this Court issued summons to PW.8 and BW against CWs.5, 14, 17 to 19. Later on, witnesses are present. Counsel for the accused prayed time. Time granted. In the meantime, accused Nos.1 and 2 are absent. Thereby, this Court issued NBW. Later on, returned NBW stating that accused are absconded. Thereby, this Court issued notice to surety through Police Commissioner. Thereby, accused No.1 is arrested by the police and produced before this Court. Thereafter, he was remanded to J.C. In the meantime, accused No.2 is also produced before this Court by executing NBW. Thereby, this Court remanded accused No.2 to J.C. Thereby, petitioner/accused No.2 filed the present bail petition before this Court. Thereby, this court feels that, if some stringent conditions are imposed while granting bail to the petitioner it will safeguard the interest of the prosecution. Otherwise, the family of the petitioner will be put to humiliation and hardship. Hence, for the above reasons and discussion, I answer Crl.Misc.3076/2024 Point No.1 in the Affirmative.

12. POINT NO.2: In view of my findings point No.1, I

proceed to pass the following: O R D E R Bail petition filed by the petitioner under Sec.439 of Cr.P.C is hereby allowed. Petitioner is ordered to be released on regular bail in connection with Cr.No.04/2015 on executing his personal bond for Rs.50,000/- with two sureties for the likesum (Out of two sureties one surety must be a Government servant) on the following conditions.

1. The petitioner shall appear before this Court on

the next date of hearing.

2. The petitioner shall not tamper with the

Prosecution witnesses either directly or indirectly in any manner.

3. He shall regularly appear before this Court on

every date of hearing without fail.

4. He shall not abscond from the ordinary

residence and he should furnish the address proof to the concerned police. Crl.Misc.3076/2024

5. He shall not indulge in any kind of offence.

6. He shall not leave the jurisdiction of the court

without prior permission. If any of the above conditions violates the I.O is at liberty to move for cancellation of bail. He is ordered to be released on bail if his custody does not required in any other case. (Dictated to the Stenographer, typed by her directly on Computer, revised, corrected and then pronounced by me in the open court on this the 27th day of April, 2024) (Sabappa) LXVIII Addl. City Civil and Sessions Judge, Bengaluru City. Crl.Misc.3076/2024 ORDERS PRONOUNCED IN THE OPEN COURT, VIDE SEPARATE ORDER Bail petition filed by the petitioner under Sec.439 of Cr.P.C is hereby allowed. Petitioner is ordered to be released on regular bail in connection with Cr.No.04/2015 on executing his personal bond for Rs.50,000/- with two sureties for the likesum (Out of two sureties one surety must be a Government servant) on the following Crl.Misc.3076/2024 conditions.

1. The petitioner shall appear before this Court on the next date of hearing.

2. The petitioner shall not tamper with the Prosecution witnesses either directly or indirectly in any manner.

3. He shall regularly appear before this Court on every date of hearing without fail.

4. He shall not abscond from the ordinary residence and he should furnish the address proof to the concerned police.

5. He shall not indulge in any kind of offence.

6. He shall not leave the jurisdiction of the court without prior permission.

If any of the above conditions violates the I.O is at liberty to move for cancellation of bail. He is ordered to be released on bail if his custody does not required in any other case. LXVIII A.C.C & S.J, Bengaluru City. Crl.Misc.3076/2024