KABC010081332024 IN THE COURT OF LXV ADDL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY (CCH-66) PRESENT SHRI. HEMANTH KUMAR. C.R , B.A.L., L.L.B., LXV Addl. City Civil & Sessions Judge, Bengaluru. Dated this the 28 th day of March, 2024 Crl.Misc.No. 2895/2024 PETITIONER:- SHEKAR @ ATTI SHEKAR. s/o late Mani, Aged about 24 years, R/at No.80, Near Petrol Bunk, Kereguddadahalli, Chikkabanavara Post, Bengaluru -560090. [Accused No.1] (By Sri. SRD., Advocate) V/s. RESPONDENT:- STATE OF KARNATAKA, By Rajagopalanagara Police Station, Bengaluru. (Rep. by Public Prosecutor) ORDER ON PETITION FILED UNDER SECTION 438 OF Cr.P.C This petition is filed under Section 438 of Cr.P.C., seeking anticipatory bail to the petitioner/accused No.1 in Crime No.290/2017 2 Crl.Misc.No.2895/2024 (CC.No.5283/2018) registered by the respondent Rajagopalanagar police for the offence punishable under Sections 399, 402 of IPC.

2. Brief facts of the case.-

The complainant has lodged the complaint alleging that on 8.03.2017 at about 5.10 am., when the complainant and his staff were patrolling duty within the jurisdiction of the Rajagopalnagar police station, by that time the complainant had received credible information from the informant that some 7-8 unknown persons alleged to have been equipped with deadly weapons by parking his auto and motor bike, were unlawfully assembled and sitting at vacant place behind Kiran High School, 4th Cross, Doddanna Industrial Area with an intention to commit dacoity. Thereafter the complainant secured panchas and given notice to the said panchas and thereafter he along with his staff and panchas went to the spot in a government jeep and motor bikes at about 5.30 am., and stopped the vehicle at some distance and observed that 7-8 person were making preparation to commit dacoity. As such the complainant and his staff and panchas surrounded them and apprehended three persons and other 5 persons ran away from the place and the complainant has drawn panchanama and seized the weapons in presence of panchas and thereafter the complainant came to the police station at about 6.45 am., along with accused and seized articles and has lodged the before the SHO. The police on receipt of the said complaint have registered the case in Crime No.290/2017 against the accused persons for the offences punishable under Sections 399, 402 of IPC.

3. Being aggrieved by the same, the petitioner has preferred

this bail petition on the following among other grounds. The petitioner submits that he is innocent of the offences alleged and has further 3 Crl.Misc.No.2895/2024 contended that he has never committed any offence either directly or indirectly and he has been falsely implicated in the said case. The petitioner submits that there are no ingredients to attract the offences alleged against the petitioner and there is no prima facie case is made out against the petitioner. The petitioner submits that he was obtained bail in crime stage and the petitioner regularly appear before the court when the petitioner met with an accident, he take Ayurveda tn and as per the doctor advise the petitioner take bed rest and in the mean while the Hon'ble High court of Karnataka issued guidelines Lockdown COVID-19 pandemic, the accused not appeared before the court, hence the court has issued NBW and proclamation against the petitioner. The petitioner submits that he is the only bread earner of his family and he hails from respectable family and having deep roots in the society and also he is permanent resident of the address shown in the cause title. The petitioner submits that he is ready and willing to abide by the terms and conditions imposed by this court and also co-operate with the investigation. Hence, prays to allow the bail petition.

4. After service of notice, the learned Public Prosecutor has

appeared and filed objection contending that the offences alleged against the petitioner is grievous in nature and has also further contended that the complaint averments prima facie shows that the petitioner is involved in the alleged offences. The learned Public Prosecutor has also further contended that the offences alleged against the petitioner are under Sections 399, 402 of IPC and has also further contended that the investigation is completed and charge sheet is filed, at this stage if the bail petition of the petitioner is allowed, there is every chance of the petitioner threatening the prosecution witnesses, destroying the evidence, abscond and hamper the evidence. Hence, prays to reject the bail petition. 4 Crl.Misc.No.2895/2024

5. Heard the arguments. Now the points that arise for my

consideration.-

1. Whether the petitioner/accused No.8 has made out sufficient ground to allow the petition filed under Section 438 of Cr.P.C?

2. What order?

6. My answer to the above points are.-

Point No.1:– In the Affirmative Point No.2:– As per final order for the following

REASONS

7. Point No.1:- The petitioner counsel has addressed the

argument contending that the petitioner is innocent of the alleged offences and there is no specific allegations against petitioner and the materials on record clearly disclose that there is no reasonable ground to believe that the petitioner is involved in the alleged offences and has committed the offence. The petitioner counsel submits that the petitioner was enlarged on bail in crime stage and the petitioner regularly appear before the court and when the petitioner met with an accident, he take Ayurveda tn and as per the doctor advise the petitioner take bed rest and in the mean while the Hon'ble High court of Karnataka issued guidelines Lockdown COVID-19 pandemic, the accused not appeared before the court, hence the court has issued NBW and proclamation against the petitioner. The petitioner counsel has contended that the petitioner is ready and willing to abide by the terms and conditions imposed by this court and also co-operate with the investigation. Hence, prays to allow the bail petition.

8. The learned Public Prosecutor has addressed arguments

contending that the offences alleged against the petitioner is grievous in 5 Crl.Misc.No.2895/2024 nature and has also further contended that the complaint averments prima facie shows that the petitioner is involved in the alleged offences. The learned Public Prosecutor has also further contended that the offences alleged against the petitioner are under Sections 399, 402 of IPC. The learned Public Prosecutor has also further contended that the investigation is completed and charge sheet is filed, at this stage if the bail petition of the petitioner is allowed, there is every chance of the petitioner threatening the prosecution witnesses, destroying the evidence, abscond and hamper the evidence. Hence, prays to reject the bail petition.

9. On perusal of the records, it is noticed that on 8.03.2017 at

5:10 a.m. the complainant and his staff were on beet duty within his area limit, at that time the complainant received credible information that 8 persons alleged to have been equipped with deadly weapons were unlawfully assembled and sitting at vacant place behind Kiran High School, 4th Cross, Doddanna Industrial Area within the jurisdiction of Rajagopalanagara police station, and planning to commit dacoity. As such on the said information the complainant along with his staff has conducted raid and apprehended 4 persons out of 8 accused persons by surrounding them and they have seized the weapons and drawn panchanama and the remaining persons escaped, complainant has filed the complaint alleging the said facts. The police on receipt of the said complaint have registered the case in Crime No.290/2017 against the accused persons for the offences punishable under Sections 399, 402 of IPC. The investigation in the present case completed. It is noticed that the present petitioner was earlier granted bail in crime stage and the accused having remained absent and having not appeared in CC.No.5283/2018 as such NBW has been issued and in pursuance of the issuance of NBW the accused No.1 has preferred this bail petition. 6 Crl.Misc.No.2895/2024 The petitioner has contended that he was earlier enlarged on bail in crime stage and has also further contended that he is ready and willing to abide by the terms and conditions imposed by this Court. In the present case the investigation has been completed and charge sheet has been filed, as such custodial interrogation of the petitioner is not required. Split up charge sheet has been filed in the present case. The petitioner has contended that he is ready and willing to abide by the terms and conditions imposed by this court and also co operate with the investigation, the apprehension of the prosecution can be satisfied by imposing stringent conditions. Admittedly, the petitioner is the resident of the address shown in the cause title. If at all during the course of trial, the prosecution is able to prove the guilt of the petitioner, he can be dealt with in accordance with law. Considering all these facts, I am of the opinion that the petitioner can be enlarged on bail by imposing certain conditions, which would meet the apprehension of prosecution. Accordingly, I answer the point No.1 in the Affirmative.

10. Point No.2:- In view of the findings given on point No.1, I

proceed to pass the following.-

ORDER

The petition filed by the petitioner/ accused No.1 under Section 438 Cr.P.C., is hereby allowed. The respondent Rajgopalanagara police are directed to release the petitioner on bail in the event of his arrest in Crime No.290/2017 (CC.No.5283/2018) registered by the Rajagopalanagara police for the offences punishable under Sections 399, 402 of IPC, on 7 Crl.Misc.No.2895/2024 execution of personal bond for Rs.1,00,000/- with one surety for the likesum subject to the following CONDITIONS:-

1. The petitioner shall appear before the court on all dates of hearing and shall co-operate with the investigation.

2. The petitioner shall appear before the I.O whenever he is called upon for the purpose of investigation

3. The petitioner shall not tamper with the evidence and shall not threaten, induce allure the prosecution witnesses in what so ever manner.

4. The petitioner shall not involve in any criminal activity.

5. The petitioner shall produce the permanent address proof document.

(Directly dictated to the Stenographer , transcribed by her, corrected and then pronounced by me in the Open Court on this 28th day of March, 2024) (HEMANTH KUMAR. C.R) LXV Addl. City Civil & Sessions Judge, Bengaluru.