IN THE COURT OF LXXI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-72)
DATED THIS THE 1 st DAY OF JULY, 2022
PRESENT:
Smt. K.S.JYOTHISHREE, B.Com, L.L.B.
LXXI Addl. City Civil & Sessions Judge,
Bengaluru.
CRL.MISC.No.5960/2022
Petitioner
Ramesh.T,
S/o Thimmegowda,
Aged about 56 years,
R/at No.4,
Muniswamappa Layout,
Nr.Lakshminrayana
Temple, Amruthahalli,
Sahakaranagar Post,
Bengaluru.
(By Sri.Govinde Gowda,
Advocate)
AND
Respondent State of Karnataka
Amruthahalli P S,
Bangalore.
(By the learned Public
Prosecutor)
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Crl.Misc.No.5960/2022
ORDER ON BAIL APPLICATION FILED U/S.438
OF Cr.P.C.
This bail application is filed by the petitioner
under Section 438 of Cr.P.C. praying to grant an order
of anticipatory bail in the event of his arrest in Crime
No.137/2022 for the offences punishable U/s. 323,
324, 354, 307, 504, 506 r/w 34 of IPC.
2. The facts are as under:
On
15.05.2022,
about
10.30p.m
the
complainant was standing in front of Maruthi Bar,
Amruthahalli. At that time, 3 police men came in
Hoysala Vehicle, out of that 2 persons were not in
uniform. Another man was wearing blue color jacket.
All of them enquired why are you standing here. The
complainant told that he is an advocate. They asked
what happened. One of the police slapped to the face
of the complainant and other two persons assaulted
the complainant and abused in vulgar language.
They
also
damaged
his
mobile
phone
worth
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Crl.Misc.No.5960/2022
Rs.80,000/-. All of them together taken hollow blcok,
hit to his head and caused injury. The complainant
called his wife, she came outside and tried to resolve
the problem.

The said 3 policemen abused her in
filthy language and slapped to her face. Complainant
went to first aid treatment at Axis Hospital and later
shifted to Bapist Hospital. The complainant is an
advocate. He has given the representation before the
Advocate Association, Bengaluru.

By virtue of the
same, the complainant police have registered the
case.
3. Grounds for bail:
1. The petitioner is innocent.
2. The name of the petitioner is not found in
complaint and FIR.
3. The petitioner is not involved in any type of
offences.
4. The incident has taken place inside
Maruthi Bar. The complainant started quarrel
with the public and started galata. In that
regard, the respondent police have registered
case in crime No.117/2022.
5. The petitioner lodged a complaint against
the present complainant and it is registered in
Crime No.118/2022.

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Crl.Misc.No.5960/2022
6. The incident was taken place on
15.05.2022 at Maruthi Bar. It was intimated
by the public and called Hoysala. Immediately
Hoysala police came to the spot, stopped
galata and lodged complaint against the
complainant.
7.
The
complainant
is
accused
in
Cr.No.117/2022 and Cr.No.118/2022.
8. The petitioner is ready to abide by the
conditions to be imposed by the court.
With these contentions, he has requested to
allow the application.
4. The learned Public Prosecutor has filed the
objections with C.D and re-iterated the complaint
averments.

There are prima facie materials against
the petitioner to reject the bail. If the bail application
is allowed, the petitioner may put threat to the
complainant and her friends. Hence, prayed for
dismissal of the application.
5. Heard. The counsel for petitioner is relied on
the rulings reported in:
1) 2022 Crl.L.J (NOC) 196
2) 2018 (12) SCC 119
3) AIR 2020 SC 831
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Crl.Misc.No.5960/2022
6. The points that arise for my consideration are:
1. Whether the petitioner has made
out sufficient grounds to grant
anticipatory bail ?
2. What order?
7. My answer to the above points are hereunder:
Point No.1:
Point No.2:
In the affirmative
As per final order,
for the following:
REA S ON S
8. Point No.1: It is alleged that 4 unknown
police men came near Maruthi Bar, Amruthahalli
Lake, started quarrel with complainant, abused filthy
language, assaulted with hands, attempted to outrage
the modesty of wife of the complainant and assaulted
with hollow block with an intention to commit
murder.
9. Since the complaint is against unknown
persons, FIR does not discloses the name of the
petitioner. It is relevant to note that in respect of the
very
same
alleged
incident,
H.C.10474
of
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Crl.Misc.No.5960/2022
Amruthahalli police station has lodged complaint on
16.05.2022
against
the
present
complainant
in
Cr.No.117/2022 for the offences punishable U/s.332,
353 r/w 34 of IPC.
10.

Further,
on
the
same
day
i.e.,
on
16.05.2022, the petitioner herein has filed complaint
against the complainant in Cr.No.137/2022 and it is
registered
as
Cr.No.118/2022
for
the
offences
punishable U/s.323, 324, 504,506 of IPC.
11. It means, three cases are filed in respect of
the same alleged incident.

Crime No.117/2022 and
118/2022 were registered on 16.05.2022 and the
present complaint is registered on 17.05.2022. It
appears that the present complaint is lodged after the
institution of 2 cases.
12. As I have already stated earlier, the name of
the petitioner is not found either in complaint or in
FIR. C.D discloses that the complainant is discharged
from the hospital. It means he is out of danger.

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Crl.Misc.No.5960/2022
13. It appears that the I.O. has conducted
mahazar, seized the alleged incriminating material,
recorded the statement of witnesses and completed
the major part of the investigation. The involvement
of petitioner is yet to be proved. The alleged offences
are not punishable with death or imprisonment for
life.
14. It appears that the petitioner is permanent
resident of address shown in the cause title. So, I
have not found any grounds to reject the petition. The
apprehension of the learned prosecutor can be met
by imposing stringent condition on the petitioner.
Hence, I answer point No.1 in the affirmative.
15. Point No.2: From the above discussion, I
proceed to pass the following:
O RDE R
This bail application filed by the
petitioner under Section 438 of Cr.P.C. is
hereby allowed.

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Crl.Misc.No.5960/2022
The respondent police is hereby directed
to release the petitioners in the event of their
arrest in Crime No.137/2022 for the offences
punishable U/s. 323, 324, 354, 307, 504,
506 r/w 34 of IPC, subject to the following
conditions:
1. The petitioner shall execute personal
bond for Rs.1,00,000/- with one like
sum surety.
2. The petitioner shall not threaten the
complainant and other witnesses.
3. The
petitioner
shall
mark
his
attendance before I.O. on every
Monday
between
10.00a.m
and
5.00p.m till filing of final report.
4. The petitioner shall co-operate I.O. to
complete investigation.
(Typed to my dictation by the Stenographer directly on the computer,
corrected by me and then pronounced in open Court on this the 1st day of
July, 2022)
(K.S.JYOTHISHREE)
LXXI Addl. City Civil & Sessions Judge
Bengaluru.