Crl.Misc.No.540/2023
1
KABC010017092023
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 2nd Day of February, 2023.
Crl.Misc.No.540/2023
PETITIONER
Praveen Kumar @ Appu
S/o Ram Murthy
Aged about 20 years
R/at 2nd Cross,
Samadhana Nagar
Bengaluru North
Bengaluru ­560 045.
(Sri.S.M.A., Advocate)
V/s
RESPONDENT
State of Karnataka
By: Sampigehalli Police Station,
Bengaluru.
(Rep. by: Public Prosecutor)
Crl.Misc.No.540/2023
2
ORDER
The Learned counsel for the petitioner has filed this
petition under Section 438 of Cr.P.C., to grant bail in the
event
of
his
arrest
in
Crime
No.144/2020
(C.C.No.15523/2022) of the respondent police station,
Bengaluru registered for the offences punishable under
Section 392 and 397 R/w 34 of IPC, pending on the file
of learned VII ACMM., Bengaluru.
2.

The brief facts of the complaint are as under:
It is alleged in the complaint that on 12.03.2020,
between 4.10 to 4.15 a.m accused No.1 and 2 came in a
honda active without number plate near Nagavara service
road bus stand came near C.W.1 and threatened him
with knife and taken two silver rings, one smart watch
along
with
purse
and
fled
away.

Accordingly
the
complainant filed the complaint against the accused
persons.

Crl.Misc.No.540/2023
3
3.

The petitioner in his petition has stated that,
the name of this petitioner is not mentioned in the
complaint or in the FIR. Except the voluntary statements
of accused no.1 there is no materials in the entire charge
sheet to show the presence of the petitioner. Now
investigation is completed and charge sheet has been
filed, the presence of petitioner is not required for the
purpose of investigation. The petitioner has already
attending court regularly, but the respondent police
never served any summons. He is a law abiding citizen.
There is no specific overt act attributed against the
petitioner. Accused No.1 already granted bail by this
court. He is a permanent resident of Bengaluru. He is
ready to abide by the conditions that may be imposed.
He is ready to furnish surety.
4.

The
Learned
Public
Prosecutor
has
filed
objections contended that there are prima­facie materials
as to the commission of alleged offence. The petitioner
Crl.Misc.No.540/2023
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has not assigned any genuine reasons for granting bail.
At this stage, if the petitioner is enlarged on bail, he may
threaten
the
prosecution
witnesses,
destroy
the
prosecution evidence and hamper the Investigation by
fleeing away from justice apart from perpetrating similar
offence. Hence, sought for rejection of the bail 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 :­
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Crl.Misc.No.540/2023
REASONS
8.

Point No.1:­ As could be seen from the charge
sheet it reveals that, on 12.03.2020, between 4.10 to
4.15 a.m, the accused No.1 and 2 came in a honda activa
without number plate near Nagavara service road, near
bus stand and came near the C.W.1 and by showing the
knife the accused persons threatened him and taken two
silver rings, one smart watch along with purse are all to
be established in full fledged trial with authenticated
testimony of the prosecution witnesses.
9.

It is submitted by the Learned counsel for
petitioner that the petitioner is innocent of the alleged
offences and have got valid and tenable defense. Further
in FIR stated that some unknown persons are committed
the offence. It is also submitted that the petitioner was
already granted bail. Thereafter he was attending court
regularly. But the respondent police have not summoned
Crl.Misc.No.540/2023
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the accused nor about the issuance of NBW. The accused
No.1 is also granted bail by this court. Since the
investigation is completed and charge sheet has been
filed, custodial interrogation of the petitioner is not
required. The petitioner has undertaken to abide by the
bail conditions and ready to furnish surety for his due
appearance before the court. Considering the nature and
gravity of offence, the petitioner is entitled for bail. The
apprehension of prosecution could be dealt with by
imposing some conditions.

Accordingly, I answer point
No.1 in the Affirmative.

10. Point No.2:
In view of my findings on point
No.1, I proceed to pass the following:
ORDER
The bail petition filed by the petitioner
under Section 438 of Cr.P.C., is hereby
allowed, subject to the following conditions:
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Crl.Misc.No.540/2023
1) The petitioner is ordered to be released
on bail in the event of his arrest in
Crime
No.144/2020
C.C.No.15523/2022 of the respondent
police station, Bengaluru on executing
his personal bond for a sum of
Rs.1,00,000/­ along with two sureties
for the likesum;
2) The petitioner shall not tamper with the
prosecution witnesses.
3) The petitioner shall appear before the
Investigation Officer as and when called
for.
4) The petitioner shall appear before the
trial court on all the dates of hearing.
5)
The petitioner shall not indulge in
committing any offences.

(Dictated to the Stenographer directly on the computer, then
corrected and pronounced by me in the Open Court on this the 02 nd Day of
February, 2023)
(T.Govindaiah)
LVI Addl.City Civil & Sessions
Judge, Bengaluru.

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Crl.Misc.No.540/2023
Order pronounced in open Court
(Vide separate order)
ORDER
The bail petition filed by the
petitioner under Section 438 of
Cr.P.C., is hereby allowed,
subject
to
the
following
conditions:
1)
The petitioner is ordered
to be released on bail in the
event of his arrest in Crime
No.144/2020
C.C.No.15523/2022
of
the
respondent
police
station,
Bengaluru on executing his
personal bond for a sum of
Rs.1,00,000/­ along with two
sureties for the likesum;
2) The petitioner shall not
tamper with the prosecution
witnesses.
3)
The
petitioner
shall
appear before the Investigation
Officer as and when called for.
4)
The
petitioner
shall
appear before the trial court on
all the dates of hearing.

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Crl.Misc.No.540/2023
5)
The petitioner shall not
indulge in committing any
offences.

LVI Addl.City Civil & Sessions
Judge, Bengaluru.