1 Crl.Misc.No.3056/2024 KABC010086212024 IN THE COURT OF THE LVI ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH 57) : Present : Sri.T.Govindaiah, B.Com., LL.B., LVI Addl. City Civil & Sessions Judge, Bengaluru. Dated this the 10th Day of April, 2024. Crl.Misc.No.3056/2024 PETITIONER 1. Mr.Chetan Kumar N S/o nagesh Murthy C Aged about 22 years R/at No.77, 3rd Main Road T.Channaiah layout, Near Nagawara Circle Nagawara, Bengaluru (By Sri.Keshava Murthy M. Adv) V/s RESPONDENT State of Karnataka By Madivala Police Station, Bengaluru. (Rep. by: Public Prosecutor) 2 Crl.Misc.No.3056/2024

ORDER

This is a petition filed by the petitioner under Section 438 of Cr.P.C for grant of bail in the event of his arrest in Cr.No.17/2024 of respondent police for the offence punishable under Sec.342, 394 and 397 of IPC pending on the file of XXXII Addl. Chief Metropolitan Magistrate, Bengaluru.

2. Brief facts of the case is that:­

As per the complaint the complainant contended that, the complainant known the accused through Grinder App. On 10.01.2024 at about 1.00 a.m accused called the complainant near Ravarekere No.202, Makana House, in front of S.R.Apartment, 5th Cross, Venkateshwara College, Bengaluru and in that room the accused started demanding money. When the complainant refused to pay money they started shouting at him in a filthy language and assaulted with hand and 3 Crl.Misc.No.3056/2024 belt. Hence the complainant lodged the complaint against the accused.

3. The petitioner has sought for bail on the grounds

that he is innocent of the alleged offence. He is no way concerned to the alleged offence. He has been falsely implicated. The offences alleged are not punishable with death or life imprisonment. He is a permanent resident of the address mentioned in the cause title. He is the only earning member of his family. He is ready and willing to abide by the conditions that may be imposed. He is ready to furnish surety.

4. The prosecution has filed statement of objections

narrating the facts of the case. Further contended that the accused has committed an offence under Sec.394, 397 of IPC. If the petitioner is enlarged on bail he would tamper with the prosecution witnesses and evidence. There are every chances that he would get involved in criminal activities by threatening the complainant and 4 Crl.Misc.No.3056/2024 public. The petitioner may flee from justice. He may not co­operate with the investigation and trial. Hence sought for dismissal of the petition.

5. Heard the arguments of both sides.

6. The following points arise for my

determination:­

1. Whether the petitioner is entitled for anticipatory bail as provided under Section 438 of Cr.P.C.?

2. What order?

7. My findings on the above said 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:­ As seen from the prosecution

papers the allegations against the petitioner and others are that on On 10.01.2024 at about 1.00 a.m accused 5 Crl.Misc.No.3056/2024 called the complainant near Ravarekere No.202, Makana House, in front of S.R.Apartment, 5th Cross, Venkateshwara College, Bengaluru and in that room the accused started demanding money. When the complainant refused to pay money they started shouting at him in a filthy language and assaulted with hand and belt. .

9. During the course of investigation the

respondent police have arrested the accused No.1 to 3 on 25.01.2024 and seized dragger, belt, mobile phones and cash of Rs.20,000/­ from the custody of accused.

10. The truth or falsity of the allegations made

against the petitioner and the defence taken by the petitioner is a matter of investigation and trial. The offence alleged is not punishable with death or life imprisonment. Even if the allegations are found to be true the petitioner can be given a chance to produce 6 Crl.Misc.No.3056/2024 such evidence during trial and there is no impediment in granting bail to the petitioner with conditions.

11. The petitioner has undertaken to abide by the

conditions that may be imposed and to appear before the court regularly. He have also undertaken to furnish surety for his appearance before the court. The petitioner appears to be permanent resident of Bengaluru. Accused No.1 to 3 are already granted bai. Hence this petitioner is also entitled for bail on the ground of parity. It is argument of the learned Public Prosecutor that if the petitioner is enlarged on bail he would tamper with the prosecution evidence and would flee from justice. It is for the said reason that conditions are imposed to secure his presence with directions. Considering the nature and gravity of offence, personal liberty of the petitioner and interest of state, the court is of the view that the petitioner is entitled for bail. Accordingly the point is answered in the affirmative. 7 Crl.Misc.No.3056/2024

12. Point No.2: In view of my findings on point

No.1, I proceed to pass the following:­

ORDER

The petition filed by the petitioner under Section 438 of Cr.P.C., is hereby allowed. The petitioner is ordered to be released on bail in the event of his arrest in Cr.No.17/2024 of respondent police for the offence punishable under Sec.342, 394 and 397 of IPC pending on the file of XXXII Addl. Chief Metropolitan Magistrate, Bengaluru subject to the following conditions 1) The petitioner shall execute personal­ bond for Rs.1,00,000/­ with one surety for the like­sum to the satisfaction of the learned XXXII Addl. Chief Metropolitan Magistrate, Bengaluru. 2) The petitioner shall appear before court regularly. 8 Crl.Misc.No.3056/2024 3) The petitioner shall appear before the IO as and when called for. 4) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case or tamper with the evidence. 5) The petitioner shall furnish his residential address proof. Violations of any of the conditions will amount to cancellation of bail automatically. (Dictated to the Stenographer directly on computer, corrected and then pronounced by me in the Open Court on this the 10th Day of April, 2024) (T.Govindaiah) LVI Addl. City Civil & Sessions Judge, Bengaluru. 9 Crl.Misc.No.3056/2024 Order pronounced in open Court (Vide separate order)

ORDER

The petition filed by the petitioner under Section 438 of Cr.P.C., is hereby allowed. The petitioner is ordered to be released on bail in the event of his arrest in Cr.No.17/2024 of respondent police for the offence punishable under Sec.342, 394 and 397 of IPC pending on the file of XXXII Addl. Chief Metropolitan Magistrate, Bengaluru subject to the following conditions 10 Crl.Misc.No.3056/2024 1) The petitioner shall execute personal­bond for Rs.1,00,000/­ with one surety for the like­sum to the satisfaction of the learned XXXII Addl. Chief Metropolitan Magistrate, Bengaluru. 2) The petitioner shall appear before court regularly. 3) The petitioner shall appear before the IO as and when called for. 4) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case or tamper with the evidence. 5) The petitioner shall furnish his residential address proof. Violations of any of the conditions will amount to cancellation of bail automatically. LVI Addl.City Civil & Sessions Judge, Benguru. 11 Crl.Misc.No.3056/2024