Crl.Misc.No.2818/2024 KABC010071092024 IN THE COURT OF THE XXVII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH 9) AND HOLDING CONCURRENT CHARGE OF LXIX ADDL. CITY CIVIL & SESSIONS JUDGE (CCH 70) BANGALORE CITY Dated this the 30th day of March, 2024 PRESENT Sri. Hareesha A., B.A.,LL.B, XXVII Addl. City Civil and Sessions Judge (CCH 9) and also holding concurrent charge of the court of 69th Addl. City Civil and Sessions Judge (CCH 70). Crl.Misc.No.2818/2024 Petitioner: Sagar Singh S s/o Shankar Singh S aged about 24 years, r/at Bavanahalli village, Bhavanahalli post, Kasaba hobli, Maluru taluk, Kolar District. (By Sri. S.Raghunath Gowda, Advocate) ­V/S­ Respondent : State of Karnataka by Crl.Misc.No.2818/2024 Rajarajeshwari nagar PS, B`lore (Represented by Public Prosecutor) ORDER ON BAIL PETITION FILED U/SEC. 439 OF CR.P.C. The petitioner has filed this petition under Sec. 439 of the Code of Criminal Procedure (Cr.P.C.) for his release on bail in Crime No. 27/2024 registered by the respondent police for the offences punishable u/sec. 143, 144, 147, 148, 307, 427, 506 r/w 149 of Indian Panel Code. The present petitioner is shown as accused No.4 in the remand application.

2. The petitioner asserting false implication among other

grounds, and pledging adherence to any conditions that may be imposed by this court upon release, sought for release on bail.

3. Per contra, learned Public Prosecutor in their

objection, contends that, there exists prima­facie material on record, sufficient to engender a reasonable belief in the petitioner`s commission of alleged offence. The weapons used for the offence were seized at the instance of accused persons. Crl.Misc.No.2818/2024 For the reasons, the prosecution sought for dismissal of the petition.

4. I have heard the argument and perused the material

placed by the petitioner alongwith petition. The point that would arise for my determination is:

1. Whether the petitioner/accused No.4 has made out any grounds to enlarge him on bail u/sec. 439 of Cr.P.C.?

2. What order?

5. My answer is in the affirmative for the following;

REASONS

6. POINT NO.1; One Sharathkumar s/o Nagaraj

resident of Pattangere, RR nagar , Bengaluru filed a complaint with the respondent police, alleging that on January 21, 2024, at 10:00 PM, while he was traveling with a friend from RR Nagar to their residence in a Maruti Suzuki Swift Car bearing registration No. KA 51 MM 2117, the accused individuals followed them in a Maruti Baleno car. The accused vehicle collided with the rear of the Swift Car, causing the Baleno to loose control and collide with an ongoing Hyundai Verna car Crl.Misc.No.2818/2024 bearing registration No. KA 41­P 6828, owned by one Srikanth, resulting in the Baleno overturning by the roadside. It is alleged that the accused persons emerged from their vehicle armed with deadly weapons and chased after Sharathkumar and his companions with the intention to murder them. However, Sharathkumar and the others managed to escape from their pursuers. The accused individuals purportedly damaged the window glass of the car before fleeing the scene. It is further alleged that one Manjunath, also known as Koli Fayaz, was accompanying the accused individuals. Additionally, there was a civil dispute between Srikanth and his brother Sridhar. Against this backdrop, the accused individuals allegedly waylaid Sharathkumar and his companions with the intention of murdering Srikanth, attempted to assault them, and committed the aforementioned offenses.

7. The learned counsel for the petitioner has produced

certified copies of the complaint, FIR, and remand application filed by the respondent police. According to the prosecution, Crl.Misc.No.2818/2024 there was a dispute between accused No.1 and one of the victims, Srikanth, regarding family property. Despite the prosecution's claim that the accused persons attempted to murder the victims, there was no assault on the complainant or others, and no injuries were sustained by them. The petitioner has been in judicial custody since the date of arrest, and the petitioner's name is shown as A4 in the FIR. Furthermore, the other accused persons have already been released on bail by this court in previous petitions. Therefore, I am of the opinion that the present petitioner is entitled to bail on the grounds of parity, especially since there is no evidence that the complainant or others suffered any injuries in the alleged incident. At this stage, there is no prima facie material to suggest that the accused persons committed the offence under Section 307 of the Indian Penal Code. The other offenses alleged against the accused are triable by the Magistrate of First Class. To address the prosecution's concerns regarding the potential flight risk, stringent conditions can be imposed as a measure to mitigate such apprehensions. Accordingly the Point Crl.Misc.No.2818/2024 No.1 is answered in the affirmative.

8. Point No.2: By considering the above over all reasons

this court proceed to pass the following;

ORDER

The bail application filed by the petitioner/ accused No.4 u/sec. 439 of Cr.P.C. is hereby allowed. The petitioner / accused No.4 shall be released on bail in Cr. No. 27/2024 registered by the respondent police station for the offence punishable u/sec. 143, 144, 147, 148, 307, 427, 506 r/w 149 of IPC, pending on the board of 46th ACMM, on him executing personal bond for Rs.1,00,000/­ with two sureties for the likesum to the satisfaction of the learned Magistrate, subject to the following conditions.

1. The petitioner shall not threaten or tamper with the Prosecution witnesses directly or indirectly.

2. The petitioner shall not commit similar offence.

3. The petitioner shall not leave the jurisdiction of the court without prior permission.

4. The petitioner shall furnish documents for his Crl.Misc.No.2818/2024

residential proof. In case of violation of any conditions, the prosecution is at liberty to move for cancellation of bail. (Dictated to the Stenographer Grade ­ I, transcript thereof is corrected, signed and then pronounced by me in open court on this the 30th day of March, 2024) (Hareesha A.) XXVII Addl. CC & SJ holding c/c of 69th Addl. City Civil and Sessions Judge,Bangalore.