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Crl. Misc No. 564/2023
IN THE COURT OF LXIX ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE (CCH 70)
Present:
Sri. Rajesh Karnam.K,
B.Sc.,LL.B.,LL.M.,
LXIX Additional City Civil and
Sessions Judge, Bengaluru.

Dated this the 06 th day of February, 2023
Crl. Misc. No.564/2023
PETITIONER :
Muniyappa @ Mahesh,
S/o Kumarappa,
aged about 27 years,
R/at Near Anjineyaswamy Temple,
Nadavathi village and Post,
Kasaba Hobli,
Hoskote Taluk,
Bengaluru Rural District
(Accused No.1 in JC)
(By Sri. S.R.R, Adv)
V/s
RESPONDENT:
State of Karnataka
By Jayanagar P.S.,
Bengaluru.

(By Public Prosecutor)
ORDER ON BAIL PETITION FILED UNDER SECTION
439 OF CR.P.C.
This bail application filed under Section 439 of
Cr.P.C seeking conditional bail for the offence punishable
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Crl. Misc No. 564/2023
under Sec.397 of IPC.
2.

The petitioner pleads, on 21/06/2021 from 8
to 8-25 am in front of the complainant house at 3 rd Main,
Sakamma
Garden,
while
going
near
the
newly
constructing house No.3.6/5, one person came behind
and pulled her gold Mangalya chain, complainant holding
the chain with her hands, the said person by showing
knife in another hand an by snatched away her gold
chain and went along with another person who was
waiting in the two wheeler, hence the complaint.

The
jurisdictional 37th ACMM, was remanded to accused to
JC the appellant before this court.
3. The grounds of appeal are as follows; The
petitioner contended that, petitioner is innocent of the
alleged offence, The petitioner has not committed any
offence as alleged against
him in the complaint.

The
petitioner has been falsely implicated in this case. The
police have not seized any incriminating material to
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Crl. Misc No. 564/2023
connect the petitioner in this case. The petitioner is the
permanent resident of Bengaluru and have abode
thereby the petitioner would neither abscond nor delay
the proceedings. The petitioner is in custody since his
arrest, due to his remaining custody his family members
are starving. The petitioner ready and willing to abide by
any terms and conditions that may be imposed by this
Hon’ble Court.

The petitioner is ready and willing to
furnish surety to ensure his regular appearance before
the Hon’ble Court. With these contentions petitioner
prays for grant of bail.
3.

After service of notice the learned Public
Prosecutor filed objections and opposed the grant of bail
and contended that if the bail is granted, the petitioner
may flee away from justice and may commit similar kind
of offences. The petitioner has committed the offence
u/sec 397 of IPC. There is a prima facia material the
accused involved in the crime. The offence in which the
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Crl. Misc No. 564/2023
petitioner is involved heinous in nature. Hence, on these
grounds sought for rejection for petition.
4. Heard the arguments of both sides and perused
the available materials on records.
5. The points that arise for my consideration are as
under:
1. Whether petitioner is entitled
for bail under Sec.439 of
Cr.P.C.?
2. What order?
6. My finding on the above points are as follows:
Point No. 1
:
Point No. 2
:
In the Affirmative
As per final order
for the following;
R EAS O N S
7. Point No. 1:- On perusal of the compliant it is
found
that
the
Jayanagar
Police
registered
Crime
No.127/2021 against the accused on complaint by Smt.
Sarojamma. It is alleged in the complaint that, the
accused have committed offence u/sec 397 of IPC. It is
alleged in the complaint that, on 21.06.2021 morning
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Crl. Misc No. 564/2023
between 8.00 to 8.25 hours, when complainant was
proceeding near a new constructing building No. 38/5, a
person come from behind and snatch complainant’s
Mangalya Chain, the complainant hold the Mangalya
Chain in hands, the accused persons who is having knife
in another hand threatened the complainant by showing
the knife and snatch the chain value of Rs. 3,00,000/weighing 76 grams and fled away from the spot with
another person in a two wheeler, who is waiting.
However, the complainant caught hold a piece of chain
weighing
14
grams
with
the
complainant.

The
approximate value of the chain is Rs. 3,00,000/-. On the
basis of allegation the respondent police registered crime
for the above said offence.

Now the petitioner filed
present petition for bail.
8. It is argued by the counsel for the petitioner that
no crime is committed by the petitioner, he has been
falsely implicated in the above said case. The FIR is
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Crl. Misc No. 564/2023
registered against unknown persons. The allegation are
false and no offence is attributed towards this petitioner,
Further, it is argued that petitioner has to look after his
family. The petitioner is the only bread earner to the
family.

It is also argued that the description of the
unknown person is not described.

There is no offence
committed by the petitioner and the petitioner is the
falsely implicated present crime. The petitioner herein is
fixed by the respondent police in the present crime. There
is no prima-facia case against the petitioner. The
petitioner’s family is suffering from financial crises. On
these grounds urged for grant of bail.
9. On the contrary the prosecution argued that the
petitioner along with other accused No. 1 and 2
committed the offence.

There is incriminating material
against this petitioner. If he is been enlarged on bail. He
may abscond and tamper with the prosecution witness.
On these ground sought for rejection of bail.

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Crl. Misc No. 564/2023
10.

After
hearing
the
arguments
and
giving
thoughtful consideration to the material placed before
this court, it reveals that the respondent police registered
Cr.No.127/2021 against the accused. On perusal of the
materials, there is a allegations against the petitioner for
the offence u/sec 397 of IPC, wherein the present
petitioner is arrayed as in accused No.2. It is alleged that
the petitioner along with other accused has committed
the robbery. The petitioner contends that his name is not
found in the complaint and FIR but during investigation
it is found the involvement of the present petitioner.
However, the allegation are the matter of trial. It is also
reveals from the report submitted by the prosecution
already the incriminating articles are recovered including
the gold chain. Further, there is no overt-act attributed
towards this petitioner.
involved in the offence.
progress.

It is only alleged that, he is
The investigation is under
However, the offence alleged against the
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Crl. Misc No. 564/2023
petitioner, not punishable with death or life impressment.
Hence, by imposing stringent conditions he may be
released. Further, the petitioner is ready to abide all the
terms and conditions of the court and ready to furnish
surety.

Hence, in my considered view the petitioner
deserves for grant of bail by exercising the powers
conferred under Sec. 439 of Cr.P.C. The apprehension of
the prosecution can be met by imposing stringent
conditions. Accordingly, this Point No.1 is answered in
Affirmative.
11. Point No.2: By considering the above over all
reasons this court proceed to pass the following;
ORD ER
Bail petition filed under Sec. 439 of Cr.P.C. by
the Petitioner/Accused is allowed.
Petitioner is ordered to be released on regular
bail in Cr. No.127/2021 on executing his personal
bond for Rs.1,00,000/- with one surety for the
likesum (out of one surety must be the surety of
Government servant) on the following conditions.
1. The Petitioner shall not tamper with the
Prosecution witnesses either directly or
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Crl. Misc No. 564/2023
indirectly in any manner.
2. He appear before concerned court as and when
required.
3. He not abscond from the ordinary residence
and he should furnish the address proof to
the concerned police.
4. He shall not involve in any kind of offence.
5. He shall mark the attendant in the respondent
P.S once in 15 days between 10.00 am and
6.00 pm till filing of the charge sheet.
6. He shall not leave the jurisdiction of the court
without prior permission.
If any of the above conditions violates the IO is
at liberty to move for cancellation of bail.
He is ordered to be released on bail, if his
custody does not require in any other case.
(Dictated to the Stenographer on computer, script
corrected, signed and pronounced by me in open court
on this the 06 th day of February, 2023)
(Rajesh Karnam K)
LXIX Addl.C.C. & Sessions Judge (CCH-70)
Bengaluru.

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Crl. Misc No. 564/2023