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Crl.Misc.No.5968/2022
KABC010128572022
IN THE COURT OF LV ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU (CCC-56)
: Present :
Sri. SHRIRAM NARAYAN HEGDE,
B.A., LL.M.,
LV Addl. City Civil and Sessions Judge,
Bengaluru.
DATED: THIS THE 29th DAY OF JUNE 2022
Crl.Misc. No.5968/2022
PETITIONERS
::
1.

MANURUL SHAIK @ ANARUL
SHAIK S/O KABIR SHAIK
AGED ABOUT 40 YEARS,
RESIDING AT AMAANATH
VILLAGE,, PAYRPUR POST,
RADHA NAGAR, SAHEB GANJ
DISTRICT, JHARKHAND STATE.

2.

TAKE BAHADUR SOUDH
S/O LATE RANA BAHADUR
SOUDH, AGED ABOUT 36 YEARS
RESIDING AT TRIVENI
NAGARAPALIKA
PRADESH, NO.7, JAJUR DIST.
NEPAL COUNTRY.
(Rep. by M.E.Mohan Kumar, Advs.)
Vs.

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Crl.Misc.No.5968/2022
RESPONDENT
::
THE STATE OF KARNATAKA –
BY J.P. NAGAR POLICE STATION,
BENGALURU.
(Rep. by Public Prosecutor)
ORDER
The petitioners / accused No.7 & 11 have prayed this
court for grant of bail under section 439 of Cr.P.C.

2.

On the complaint filed by one Sri.Raju Devadiga S/o
Narasimha,
Jayaprakash
Nagar
(J.P.Nagar
PS)
have
registered Cr.No.77/2022 against the petitioners / accused
No.7 & 11 for offences punishable under Section 457, 380
of IPC.
3.

It is alleged in the complaint that this petitioners along
with other accused by breaking open the locker have
committed the theft of 5 Kgs. of gold worth Rs.2.5 crores
from Priyadarshini Jewellers which is situated at No.59/1,
Near Metro Station, Kanakapura Road, J.P. Nagar I Phase,
Bengaluru and thereby committed the offences.
4.

The learned counsel for the petitioners / accused No.7
& 11 have contented that these petitioners are innocent
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Crl.Misc.No.5968/2022
persons and have not committed any offence. They are no
way connected either directly or indirectly to the crime.
They are the only bread earners of their family. They have
got aged parents who are entirely depending upon them.
No incriminating materials have been seized from their
possession. There is no prima facie case against these
accused. Only when the police took them to the custody
they to know about the theft. They are ready to abide by
the conditions that may be imposed by this court.
alleged
offences
are
not
punishable
with
death
The
or
imprisonment for life. It is triable by the court of Magistrate.
Hence, prayed to allow the petition.
5.

Learned
Public
Prosecutor
has
contested
this
application by filing detailed objections by reiterating the
case of prosecution and further contended that the alleged
offences
are
heinous
offences
punishable
with
imprisonment for a period of 14 years and fine. Prima facie
there is a case against the petitioners. The main accused
Kamaruddin @ Guddu is absconding and he is to be secured
and stolen properties are to be recovered. If these
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Crl.Misc.No.5968/2022
petitioners are enlarged on bail they may tamper with
prosecution witnesses and may abscond. Hence, prayed to
reject the bail application.
6.

Heard arguments and perused the records.

7.

Now the point for consideration is as follows.
“Whether the petitioners / accused No.7 & 11 have
made out sufficient grounds to grant bail by resorting
to special powers vested in this Court under Section
439 of Cr.P.C.?”
8.

On the basis of the materials available on record my
finding to the above point is in the AFFIRMATIVE for the
following.
REASONS
9.

I have gone through the entire materials available on
record. The alleged offences are not punishable with death
or imprisonment for life and they are triable by the court of
Magistrate. At the time of considering the bail, the court
need not conduct a mini trial. On going through the remand
application it reveals that Kamaruddin @ Guddu is the main
accused in this case. According to the petitioners from the
last many years they are residing and working in their
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Crl.Misc.No.5968/2022
address.

Such
being
the
case
in
my
opinion
the
apprehension of the prosecution can be met by imposing
stringent conditions. Hence, I hold that the petitioner has
made out sufficient grounds for grant of bail. Considering
all these aspects, I answer the above point in the
AFFIRMATIVE and proceed to pass the following.

ORDER
Bail petition filed by the petitioner / accused No.7 & 11
under Section 439 of Cr.P.C. is hereby allowed.
The petitioner / accused No.7 & 11 shall be released
on bail in Cr.No.77/2022 of respondent police station on
their executing personal bond in a sum of Rs.50,000/- each
with one surety for likesum along with cash security of
Rs.10,000/- each, on the following conditions.
1.

The petitioners / accused No.7 & 11 shall not tamper
with prosecution witnesses in any manner.

2.

They shall co-operate with investigating Officer as and
when called for investigation.

3.

They shall not commit similar offences.

4.

They shall mark their attendance in the respondent
police station on every second Sunday of each month
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Crl.Misc.No.5968/2022
between 11-00 a.m. and 5-00 p.m. till filing of final
report.
(Dictated to the Judgment Writer, transcribed by him and
corrected by me and then pronounced in the open court on
this the 29th day of JUNE 2022.)
(SHRIRAM NARAYAN HEGDE),
LV Addl. City Civil & Sessions Judge,
Bengaluru. (CCH-56)
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Crl.Misc.No.5968/2022
Order passed and pronounced in the
open court (vide separate order). The
operative portion of the order reads
thus:
ORDER
Bail petition filed by the
petitioner / accused No.7 & 11 under
Section 439 of Cr.P.C. is hereby
allowed.
The petitioner / accused No.7 &
11 shall be released on bail in
Cr.No.77/2022 of respondent police
station on their executing personal
bond in a sum of Rs.50,000/- each
with one surety for likesum along with
cash security of Rs.10,000/- each, on
the following conditions.
1.
The petitioners / accused No.7 &
11 shall not tamper with prosecution
witnesses in any manner.
2.
They shall co-operate with
investigating Officer as and
when
called for investigation.
3.
They shall not commit similar
offences.
4.
They shall mark their attendance
in the respondent police station on
every second Sunday of each month
between 11-00 a.m. and 5-00 p.m. till
filing of final report.
LV ACC&SJ, Bangalore (CCH-56)