1
Crl.Misc. No.5963/2022
KABC010160152022
IN THE COURT OF THE LXI ADDL. CITY CIVIL,
SESSIONS JUDGE: BENGALURU CITY
Dated this the 22 nd day of June, 2022
-: PRESENT :Sri R.RAVI, B.Sc., LL.B.,
LXI Addl. City Civil & Sessions Judge,
Bangalore, (CCH-62)
CRL. MISC. No.5963/2022
Petitioner/s
:
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Santosh Reddy @ Santosh
S/o.Prakash
Aged about 25 years
R/a.No.60
Near Raghavendra School
Yalachenahalli
Bengaluru.
(Accused No.6 in JC)
(By Sri.Srinivas.S.V, Adv.,)
V/s
Respondent
:
State by K.S.Layout P.S.,
Bengaluru City
Rep. by Public Prosecutor, City
Civil Court Complex, Bengaluru.

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Crl.Misc. No.5963/2022
ORDER ON BAIL APPLICATION ONE FILED BY THE
PETITIONERS UNDER SECTION 439 OF Cr.P.C.
The case of the petitioner is that he is innocent of the
alleged offences and he is not aware of the alleged incident
and at no point of time he was present at the alleged spot
along with the other accused and he do not know the other
accused persons and he never colluded with them for
committing the said offences either directly or indirectly and a
false case has been registered against him and he is the only
earning member in his family and has got aged parents to
look after and they are entirely depending upon him for their
livelihood and the instant case is a suo-moto case and since
from the date of his arrest he is in judicial custody & there is
no specific overt act attributed against him and the alleged
offences are not punishable with death or imprisonment for
life and he is permanent resident of the address as shown in
the cause title of the petition having deep roots in the society
and he is ready and willing to abide by the terms and
conditions that may be imposed by the court and he is also
ready to furnish surety to the satisfaction of the court for his
release on bail and since the respondent police
have
registered a false case in Cr. No.0193/2022 for the offences
punishable under Section 399, 402 of IPC & under Section
25(1B)(b), 4 of Arms Act then he prayed for allowing the above
application.

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Crl.Misc. No.5963/2022
2. On the other hand the learned Public Prosecutor has
filed his objections & opposed the above application that the
grounds urged for seeking bail are not satisfactory & primafacie
discloses
the
involvement
of
the
petitioner
commission of the offences and now at this stage if
in
the
petitioner is granted bail then he may abscond & tamper the
prosecution witnesses which in turn may hamper the trial &
accordingly prayed for rejection of the bail petition.

3. I have heard the arguments of both sides & the points
that would arise for my consideration are as here under;
1) Whether the petitioner has made
out a prima-facie case for grant of bail
as prayed in the bail petition?
2) To what Order?

4. My findings on the above points are as follows:Point No.1 – In Affirmative
Point No.2 – As per final Order, for the following;
R E A SON S
5. Point No.1:- On perusal of the FIR & complaint it is
alleged against the petitioner that he along with other coaccused persons on 09.06.2022 at about 7.00 p.m., had
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Crl.Misc. No.5963/2022
gathered near pipe line road, Iliyas nagar, K.S. Layout,
Bengaluru equipped with deadly weapons and were hatching
a plan to commit dacoity of the general public who passes
there and thereby committed the alleged offences punishable
under section 399 and 402 of IPC & under Section 25(1B)(b),
4 of Arms Act.

6. Now, it is the contention of the petitioner that he was
not at all present at the alleged spot along with other accused
persons and he has not committed any offences as alleged
and he is not at all involved in commission of the offences
either directly or indirectly and a false case has been
registered against him only for statistical purpose.

7. On the other hand though the prosecution has
opposed the case of the petitioner that if the petitioner is
granted
bail
then
he
may
abscond
and
tamper
the
prosecution witnesses is concerned, the same do no hold any
water as admittedly the petitioner is in judicial custody since
from the date of his apprehension and more over the cause
title of the petition discloses that he is permanent resident of
Bengaluru and his presence can be secured easily before the
Court.

8. And even otherwise since the alleged offences of 399
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Crl.Misc. No.5963/2022
and 402 of IPC & under Section 25(1B)(b), 4 of Arms Act are
not at all punishable with death or life imprisonment and
since the petitioner is in custody and since the alleged
offences against the petitioner has to be decided through a
thorough trial and since the apprehension of the prosecution
could be met by imposing stringent conditions then looking
into the nature and gravity of the alleged offences, I am of the
considered opinion that the petitioner has made out a primafacie case for grant of bail subject to conditions and
accordingly, I have answered the above point No.1 in
affirmative.

9.

Point No.2 :- In view of the discussion made on
point No.1 and further holding it in the affirmative, I proceed
to pass the following:O R DE R
The bail petition filed by the petitioner
u/s 439 of Cr.P.C., is hereby allowed subject
to following conditions;
1. That the petitioner is ordered to be
released on bail in Cr. No.0193/2022 of the
respondent police station on executing a
personal bond for Rs.1,00,000/- with one
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Crl.Misc. No.5963/2022
surety for like sum amount.
2. That the petitioner shall appear before
the I.O. within 30 days from the date of this
order and shall co-operate in the matter of
investigation or whenever called by the I.O.
3. That the petitioner shall marks his
attendance once in a month on every 2nd
Saturday till the final report is filed.
4. That the petitioner shall not hold any
threat to the complainant and shall not
tamper with any of the prosecution witnesses
directly or indirectly.
5. That the petitioner shall not leave the
jurisdiction
of
the
court
without
prior
permission
6. That the petitioner shall furnish his
residential address proof and that of his
surety.
7. That the petitioner shall not indulge in
similar type of offences in future.
8. That the petitioner shall appear before
the trial court regularly without fail on receipt
of the summons.
9. That if the petitioner fails to obey any
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Crl.Misc. No.5963/2022
of the above said conditions, then this bail
order automatically stands cancelled.
(Dictated to the Stenographer drectly on the computer typer by her, corrected, signed and then
pronounced by me in the open Court on this the 22nd day of June, 2022).

(R.RAVI)
LXI ACC & SJ, B’luru
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Crl.Misc. No.5963/2022
22.06.2022
P-SSV
R-PP
Order
Order pronounced in open Court (vide separate
order) with the following operative portion:ORDER
The bail petition filed by the
petitioner u/s 439 of Cr.P.C., is hereby
allowed
subject
to
following
conditions;
1. That the petitioner is ordered
to
be
released
No.0193/2022
of
on
bail
the
in
Cr.

respondent
police station on executing a personal
bond
for
Rs.1,00,000/-
surety for like sum amount.

with
one
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Crl.Misc. No.5963/2022
2.

That
the
petitioner
shall
appear before the I.O. within 30 days
from the date of this order and shall cooperate in the matter of investigation or
whenever called by the I.O.
3. That the petitioner shall marks
his attendance once in a month on
every 2nd Saturday till the final report is
filed.
4. That the petitioner shall not
hold any threat to the complainant and
shall not tamper with any of the
prosecution
witnesses
directly
or
indirectly.
5. That the petitioner shall not
leave
the
jurisdiction
of
the
court
petitioner
shall
without prior permission
6.

That
the
furnish his residential address proof
and that of his surety.
7. That the petitioner shall not
indulge in similar type of offences in
future.

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Crl.Misc. No.5963/2022
8. That the petitioner shall appear
before the trial court regularly without
fail on receipt of the summons.
9. That if the petitioner fails to
obey any of the above said conditions,
then
this
bail
order
automatically
stands cancelled.

(R.RAVI)
LXI ACC & SJ, B’luru
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Crl.Misc. No.5963/2022
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Crl.Misc. No.5963/2022
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Crl.Misc. No.5963/2022
06.01.2022
P-PRB
R-PP
Order
Order pronounced in open Court (vide separate
order) with the following operative portion:ORDER
The bail petition filed by the
petitioner u/s 439 of Cr.P.C., is
hereby allowed subject to following
conditions;
1. That the petitioner is ordered
to
be
released
No.170/2020)
on
bail
in
(Cr.

C.C.No.1287/2021
pending before IX ACMM, Bengaluru
on executing a personal bond for
Rs.1,00,000/- with one surety for like
sum amount.
2. That the petitioner shall not
hold any threat to the complainant and
shall not tamper with any of the
prosecution
witnesses
directly
or
indirectly.
3. That the petitioner shall not
leave the jurisdiction of the court
without prior permission
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Crl.Misc. No.5963/2022
4.

That
the
petitioner
shall
furnish his residential address proof
and that of his surety.
5. That the petitioner shall not
indulge in similar type of offences in
future.
6.

That
the
petitioner
shall
appear before the trial court regularly
without fail on receipt of the summons.
7. That if the petitioner fails to
obey any of the above said conditions,
then
this
bail
order
automatically
stands cancelled.
(R.RAVI)
LXI ACC & SJ, B’luru
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Crl.Misc. No.5963/2022
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