KABC010087492024 IN THE COURT OF THE LXIII ADDL.CITY CIVIL & SESSIONS JUDGE (CCH-64) AT BENGALURU Dated this the 10th day of April 2024 : PRESENT : Sri.A.V.Patil, B.Com., LL.B., LXIII ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY. CRIMINAL MISCELLANEOUS NO.3103/2024 PETITIONER : Shivaraj Suresh Sajjanar S/o Suresh Sajjanar, Aged about 27 years, C/o Manjunath Building, 4th Floor, Behind Anugraha Hospital,Konnappana Agrahara, Electronic City Post, Bengaluru – 560 100. (Accused No.3) (By Sri.Srinivas Reddy Mudagannavar, Advocate) – Vs – RESPONDENT : State by Bellandur Police Station, Bengaluru. (By Public Prosecutor) 2 Crl.Misc.No.3103/2024 ORDER ON BAIL APPLICATION FILED U/S 439 OF Cr.P.C. The petitioner has filed the petition u/s 439 of Cr.P.C. seeking regular bail in Bellandur Police Station Crime No.148/2024 for the offence punishable u/s 364(A) r/w 34 of IPC.

2. It is stated in the bail application that the

petitioner is innocent and has not committed any offences as alleged in the complaint. He is a BE Graduate and also working part-time as Uber Delivery Partner. He has got an Uber delivery order and as per the said order he collected the delivery item from BTM Layout and had delivered the item at delivery location to defacto complainant. The order was completed after the defacto complainant had shared the OTP and petitioner left that location. The petitioner is not aware of the facts as alleged in the complaint. The alleged incident has occurred at around 01.30 a.m., i.e., after the petitioner delivered the item to the complainant. He is the only bread earning member of his family. He is the permanent resident of the address mentioned in the cause title. The offence alleged is not punishable with death imprisonment. The petitioner is ready to abide by the conditions to be imposed by this Court while granting bail. Among other grounds they prayed 3 Crl.Misc.No.3103/2024 to allow the petition.

3. The learned P.P. has opposed the bail application

by filing the objections statement. According to him, the materials collected during the investigation prima facie disclose that the petitioner has committed the offences alleged against him. Hence, prayed to dismiss the bail petition filed by the petitioner.

4. Heard the arguments from learned Counsel for

petitioner and learned Public Prosecutor. Perused the material placed on record.

5. The points that arise for my consideration are:-

1. Whether the petitioner is entitled for regular bail as prayed in the application filed u/s 439 of Cr.P.C.?

2. What order?

6. My answer to the above points are as follows:-

Point No.1: In the affirmative; Point No.2: As per final order, for the following; R E A S O N S

7. Point No.1:- One Mr.Mohammed Zayd lodged the

complaint before the respondent/Police on 11.03.2024 against the unknown persons alleging that on 08.03.2024 at about 12.00 in the mid-night, his friend Tushar Goyal has sent a parcel from Koramangala to his address. In order to receive that parcel he went to 4 Crl.Misc.No.3103/2024 Hot and Cool Chai Point situated near the Green Glen Layout and waiting for the parcel. The said parcel was coming through petitioner/Shivaji Suresh Sajjanar, and when complainant was talking with him, two persons came from behind, forcibly caught-hold him and taken him on the Scooty to the BTM Layout and forcibly they have got transferred an amount of Rs.50,000/- through Google Pay. Hence, he has lodged complaint against the persons who have committed the offence. On the basis of the complaint, the FIR was registered against the petitioner for the aforesaid offences.

8. After registering the FIR, during the course of

investigation, the petitioner was arrested on 25.03.2024 on the basis of the amount transferred to the account through Google Pay and since then he is in custody.

9. At the outset it is material to note that as per the

records produced by the petitioner, it is clear that though the offence punishable u/s 364(A) of IPC is non-bailable, it is not punishable with death imprisonment. The incident alleged to have taken place in the mind night of 08.03.2024 and the complainant is filed on 11.03.2024. There is in ordinate delay in 5 Crl.Misc.No.3103/2024 filing the complaint. The name of the petitioner not found in the FIR. The involvement of petitioner and commission of offence by him is yet to be proved. The truth is to be ascertained during the course of trial. The bail is rule and jail is exception. Continuous detention of the petitioner behind bars would lead to a circumstance wherein he may come in contact with criminals in the jail. The petitioner is ready to furnish surety and ready to abide by the conditions that may be imposed by this Court while passing the order. The petitioner is the permanent residents of the addresses shown in the petition. The apprehension of the prosecution can be taken care of by putting suitable conditions. Having regards to the facts and circumstances of the case, gravity of the offences alleged, punishment prescribed for them, in the considered opinion of this Court the petitioner is entitled for grant of regular bail by imposing appropriate conditions. Accordingly, I answer this point in the affirmative.

10. Point No.2:- In view of my findings on point No.1,

I proceed to pass the following; O R D E R The regular bail petition filed by petitioner u/s 439 of Cr.P.C. is hereby allowed. 6 Crl.Misc.No.3103/2024 The petitioner is ordered to release on bail in Bellandur Police Station Cr.No.148/2024 for the offences punishable u/s 364(A) r/w 34 of IPC, on executing his personal bond for Rs.80,000/- with one surety for like sum to the satisfaction of the learned 41st ACMM, Bengaluru, on the following conditions:-

1. Petitioner shall not tamper with the prosecution witnesses.

2. Petitioner shall not commit similar offences.

3. Petitioner shall appear before the Magistrate Court and Sessions Court regularly as and called for.

4. Petitioner shall furnish the attested copy of the Adhaar card and proof of permanent address.

Notwithstanding this order of regular bail do not in any manner limit or restrict the rights and duties of the Police or investigating agency, to investigate into the charges against the Petitioner. (Dictated to the Stenographer Grade-I directly on Computer, typed by her, taken print out, corrected by me and then pronounced in the open Court on this the 10th day of April 2024) (A.V.PATIL) LXIII Addl. City Civil and Sessions Judge (CCH-64), Bengaluru