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Cri.Misc.No.3167/2024
KABC010089382024
IN THE COURT OF THE LXVIII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU CITY (CCH-69)
Dated this the 18 th day of April 2024
:PRESENT:
Sri.Sabappa, B.Com., LLB (Spl.)
LXVIII Addl. City Civil and Sessions Judge,
Bengaluru City.
CRIMINAL MISCELLANEOUS No.3167/2024
PETITIONER :
1.

Shivashanmugam @ Poison Shiva
S/o Thangavelu
Aged about 28 years,
R/at. 4Th Cross, EMB 2nd Stage,
Gandhi School Road,
Lotte Gollalli, Bengaluru. (A1)
2.

Amith Kumar R @ Neps,
S/o. Ramesh Kumar,
Aged about 19 years,
R/at. No. 113, C/o. Lokesh Gowda,
Near Gundappa Circle,
Hosa Beedhi, Near Dodda Aladamara,
Bagaluru, Bengaluru. (A4)
(By Sri. Ramesha.H.N Adv.,)
V/s
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Cri.Misc.No.3167/2024
RESPONDENT
:
State by;
Yelahanka Police Station,
Bengaluru.

(Represented by Public Prosecutor)
ORDER ON BAIL PETITION U/SEC.439 OF CR.P.C.
This petition is filed by the petitioners under Sec.439 of
Cr.P.C., seeking regular bail in connection with Cr.No.132/2024
registered by Yelahanka Police, for the offences punishable under
Secs.399 & 402 of I.P.C.

2.

The brief facts of the case of the petitioners is that, on
24/03/2024 at about 5.50 pm the complainant is on duty near Kogilu
Cross, at that time he received a credible information that at
Srinivasapura, Valahalli Main Road, five some unknown alleged to
have been unlawfully assembled and equipped with deadly weapon
and planning to attack and loot he public who were coming on the
said road. Based on the said information the complainant secured
his staffs and Pancha witnesses went to the spot, apprehended 4
accused persons including the weapons and other persons are ran
away from the spot. Thereafter, returned to the Police Station along
with the properties and accused persons and submitted report to
S.H.O/P.S.I. Thereby, he registered the suo-moto case against the
accused persons in Cr.No.132/2024 for the offences punishable
U/Sec.399 and 402 of I.P.C. Therefore, the petitioners who are in
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Cri.Misc.No.3167/2024
J.C have filed this regular bail application.
3. The grounds urged by the petitioner are as under.
The petitioners submitted that, They are absolutely innocent
of the alleged offences and have got valid and tenable defense. The
petitioners never committed or involved in the alleged crime either
directly or indirectly but they have been falsely implicated in the
above case at the instigation of respondent. The voluntary
statements which were so recorded by the police were drawn by
the police as per their whims and fancy to suit their case. The
petitioners hails from respectable family and have no bad
antecedents or previous convict and there is no case pending
against them. The petitioners are the permanent residents of the
addresses mentioned in the cause title as such they will not
abscond or delay the proceedings. Since the instant case is a Suomoto case registered by the police officer of the respondent,
question of tampering the witnesses does not arise at all. As on the
date of incident the petitioners are on the way to their house after
finishing their work, at that time the police officials who are in mufti
took them to the respondent Police Station and implicated them in
the above false case which has been registered for their statistical
purpose. The alleged offences are not exclusively punishable either
with death or imprisonment for life. The petitioners are ready and
willing to abide by any terms and conditions that may be imposed
by this court. They are ready to furnish surety to the satisfaction of
this court. Since from the date of arrest the petitioners are in JC and
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Cri.Misc.No.3167/2024
they are no more required to the police for any further purpose and
on the other hand the petitioners are the only bread earning
members of their family and if they are not enlarged on bail, the
dependents of the petitioners will be put to untold hardship and
mental agony. Hence, sought for grant of anticipatory bail.
4.

The learned Public Prosecutor has filed objections to the bail
petition along with the report of the P.S.I, Yelahanka Police Station.
In the objections the learned Public Prosecutor has narrated the
facts as stated in the F.I.R. The petitioner no. 1 is the rowdy sheeter
of Kodigehalli and Sanjaynagar Police Station. There are so many
cases registered against this petitioner in Kodigehalli Police Station,
Gnanabharathi Police Station and Sanjaynagar Police Station.
Other than that, Cr.No.206/18 is registered for the offence
punishable U/s. 307 of IPC against the accused No. 1 in Yelahanka
Police Station. In SC.No. 353/2020 there is a warrant issued by the
court against accused No.1. The petitioners are habitual offenders.
The investigation is not yet completed. The accused no. 5 is
absconding. At this stage, if the petitioners are granted bail, there is
every chance that they may abscond and not co-operate with the
investigation and may tamper the evidence. Therefore, the P.P has
sought for rejection of bail.
5.
6.

Heard both sides. Perused the materials on record.
The points that arise for my consideration are:
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1. Whether the petitioners have made out
sufficient grounds for grant of regular bail
U/Sec.439 of Cr.P.C as sought for ?
2. What order?
7.

My findings to the above points are as follows:
Point No.1 :
In the Affirmative,
Point No.2 :
As per final order,
for the following;
REASONS
8.

POINT No.1: On perusal of the bail petition objection
statement and other records, it is noticed that the respondent police
registered
case
against
the
petitioners
and
others
in
Cr.No.132/2024 for the offences punishable Secs.399 & 402 of
I.P.C. It is noticed that, on 24/03/2024 the respondent police have
registered the suo-moto case. The petitioners are arrested by the
respondent police and produced before the trial court. The
petitioners are remanded to Judicial custody by the trial court. Since
from the date of arrest they are in JC. They contended that, they
are innocents of the alleged offences. They have been falsely
implicated in the case. They never committed or involved in the
alleged crime either directly or indirectly. The place of incident is a
busy place. The alleged offences are not punishable with death or
imprisonment for life. Moreover the alleged offences are triable by
this court. There are no bad antecedents against the petitioners.

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They are ready to abide by any conditions imposed by this court.
9. On the other hand, the prosecution contended that, the
petitioner and others have formed unlawful assembly in order to
commit an offence of dacoity. The petitioners are arrayed as
accused No.1 & 4. The petitioner no. 1 is also involved in another
case in Kodigehalli Police Station, Gnanabharathi Police Station
and Sanjaynagar Police Station. Otherthan that, Cr. No. 206/18 for
the offence punishable U/s. 307 of IPC is registered against the
Accused no. 1 in Yelahanka Police Station. In case, if the
petitioners are enlarged on bail, they may try to commit similar
offences, abscond and threaten the prosecution witnesses.
10. No doubt, there are other cases registered against the
petitioner No.1 before some other Police Station. But that doesn’t
mean the petitioner no. 1 is convicted by the court. It is pertinent to
note that, mere police registered case is not sufficient to discard the
reasons
assigned
by
the
person.

In
over
all
facts
and
circumstances it is noticed that, the respondent already interrogated
the petitioner No.1 and 4, thereby they are not required for further
investigation. At this stage, this court noticed that the petitioners
No.1 & 4 have made out sufficient grounds to enlarge them on bail,
Moreover the alleged offences are triable by this court. The
petitioners No. 1 and 4 are permanent residents of address
mentioned in the cause title. The petitioners are ready to abide by
any conditions imposed by this Court. At the same time, I would like
to mentioned that, bail is a rule jail is exception. Thereby this court
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Cri.Misc.No.3167/2024
come to conclusion that if some stringent conditions are imposed
on the petitioners No. 1 and 4 and granted bail, the apprehension of
the prosecution could be safeguarded. Otherwise the family of
petitioners will be put to humiliation. Accordingly, I have answered
point No.1 in the Affirmative.
11.

POINT NO.2:
In view of my findings point No.1, I
proceed to pass the following:
ORDER
Bail petition filed by the petitioners under Sec.439
of Cr.P.C is hereby allowed.
Petitioners are ordered to be released on regular
bail in connection with Cr.No.132/2024 on executing
their personal bonds for Rs.50,000/- each with one
surety for the likesum on the following conditions.
1. The petitioners shall appear before the trial
Court within 30 days from the date of this order.
2. The petitioners shall not tamper with the
Prosecution witnesses either directly or indirectly in any
manner.
3. They
shall
regularly
appear
concerned court as and when required.

before
the
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4. They shall not abscond from the ordinary
residence and they should furnish the address proof to
the concerned police.
5. They shall not indulge in any kind of offence.
6. They shall not leave the jurisdiction of the court
without prior permission.
7. They shall mark the attendance in the
respondent P.S between 10.00 a.m to 6.00 p.m once in
a month i.e., on 2nd Sunday till filing of the final report.
If any of the above conditions violates the I.O is at
liberty to move for cancellation of bail.
They are ordered to be released on bail if their
custody does not required in any other case.
(Dictated to the Stenographer, typed by her directly on Computer,
revised, corrected and then pronounced by me in the open court on this
the 18 h day of April, 2024)
(Sabappa)
LXVIII Addl. City Civil and Sessions Judge,
Bengaluru City.

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Cri.Misc.No.3167/2024
ORDERS PRONOUNCED IN THE OPEN
COURT, VIDE SEPARATE ORDER
Bail petition filed by the petitioners
under Sec.439 of Cr.P.C is hereby
allowed.
Petitioners are ordered to be
released on regular bail in connection with
Cr.No.132/2024 on executing their
personal bonds for Rs.50,000/- each with
one surety for the likesum on the following
conditions.
1. The petitioners shall appear before the
trial Court within 30 days from the date of
this order.
2. The petitioners shall not tamper with the
Prosecution witnesses either directly or
indirectly in any manner.
3. They shall regularly appear before the
concerned court as and when required.
4. They shall not abscond from the
ordinary residence and they should furnish
the address proof to the concerned police.
5. They shall not indulge in any kind of
offence.
6. They shall not leave the jurisdiction of
the court without prior permission.
7. They shall mark the attendance in the
respondent P.S between 10.00 a.m to 6.00
p.m once in a month i.e., on 2nd Sunday
till filing of the final report.

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If any of the above conditions violates the
I.O is at liberty to move for cancellation of
bail.
They are ordered to be released on bail if
their custody does not required in any
other case.
LXVIII A.C.C & S.J,
Bengaluru City.