KABC010084912024 IN THE COURT OF THE LXIII ADDL.CITY CIVIL & SESSIONS JUDGE (CCH-64) AT BENGALURU Dated this the 4th day of April 2024 : PRESENT : Sri.A.V.Patil, B.Com., LL.B., LXIII ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY. CRIMINAL MISCELLANEOUS NO.3001/2024 PETITIONER : Smt.Ashwini.N W/o Chandrashekar.R, Aged about 34 years, Residing at No.6, V.G.Sonnappa Layout, Virupakshapura, Kodigehalli, Bengaluru City. (Accused No.1) (By Sri.Manu B.S., Advocate) – Vs – RESPONDENT : State by Vidyaranyapuram Police Station, Bengaluru. (By Public Prosecutor) 2 Crl.Misc.No.3001/2024 O R D E R The petitioner has filed this petition u/s 438 of Cr.P.C. for release on bail in the event of her arrest in connection with a case registered in Cr.No.55/2023 for the offences punishable u/s 323, 326, 394, 427, 448, 452 r/w 34 of IPC.

2. It is stated in the bail application that the

petitioner has not committed any offence as alleged in the complaint. The name of the petitioner is not shown in the FIR. The Trial Court already granted regular bail to the accused No.2 to 4 and hence the petitioner is entitled for bail on the ground of parity. The petitioner is a women and hence provisio u/s 437(ii) of Cr.P.C., is attracted. She is the permanent resident of the address mentioned in the cause title. She is ready and willing to abide by the terms and conditions imposed while releasing her on bail. In view of registering of FIR, she apprehends her arrest. Hence, prayed to grant anticipatory bail.

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

by filing the objections statement. According to him, IO after due investigation found that petitioner has committed the offences and hence, filed the charge 3 Crl.Misc.No.3001/2024 sheet against him. Filing of charge sheet itself shows that petitioner has committed the offence alleged in the charge sheet. Among other grounds prayed to dismiss the bail application filed by the petitioner.

4. Heard the arguments from learned Counsel for

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

5. The points that arise for my consideration are:

1. Whether the petitioner is entitled for anticipatory bail as prayed in the application filed under Sec.438 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:- As per the prosecution case CW1 is

working under the Byatarayanapura Assembly Constituency, BJP Candidate Sri.Ravi as PA. Accused No.1 is working in the social media section, accused No.2 is working as a Photographer. Accused No.1 and 2 were getting work done from CW1 and others by talking in loud words. In this connection, there is enmity 4 Crl.Misc.No.3001/2024 between accused No.1 and CW1. With that enmity in order to teach a lesson to CW1, accused No.1 taken the assistance of accused No.2 and accused No.2 induced his friends accused No.3 and 4 of payment of money and on 17.03.2023, accused No.1 paid an amount of Rs.3,500/- in cash and an amount of Rs.2,000/- paid through Online on 19.03.2023 to accused No.3. Accused No.2 in order to commit the offences, the Bajaj Pulsar which stands in his sister’s name given to accused No.3 and 4. On the say of accused No.1 and 2, accused No.3 and 4 on 21.03.2023 at about 11 p.m., came on Bajaj Pulsar Bike and was waiting near the house of CW1. On 22.03.2023 mid-night at about 12.00 after CW1 went inside his house, accused No.3 and 4 illegally entered inside the house of CW1 and informed that they intended to work for BJP Party, for that CW1 asked them to come to office of BJP Candidate next day. The accused No.4 closed the main door of the house, accused No.3 assaulted on the face of CW1 through hands, thereafter accused No.3 taken the cattle and assaulted on the mouth and forehead of CW1 and caused bleeding injury, thereafter accused No.3 and 4 kicked CW1 through legs, as a result CW1 fell inside 5 Crl.Misc.No.3001/2024 the bathroom. Accused No.3 and 4 caught-hold the neck of CW1 and hit his head to commode. Thereafter, accused persons forcibly thrown the mobile phone of CW1 and damaged. While going they have taken away cash of Rs.20,000/-. Accordingly, after the investigation Investigating Officer has filed charge-sheet against the petitioner and others for the aforesaid offences.

8. The complaint is filed against the unknown

persons and the name of the petitioner not found in the complainant. However, the name of petitioner is shown as accused No.1 in the charge sheet.

9. At the outset it is material to note that some of the

offences alleged in the charge sheet are though non bailable in nature but are not punishable with death. The investigation is already completed and charge-sheet is filed and therefore, the presence of petitioner/accused No.1 is not required. The involvement and commission of the offences by the petitioner is yet to be proved. The truth is to be ascertained during the course of trial. The offences alleged in the complaint is triable by Magistrate. Accused No.2 to 4 have already been enlarged on bail by the Trial Court. As per the averments of bail 6 Crl.Misc.No.3001/2024 application, the petitioner is the permanent resident of the address shown in the petition. She is ready to furnish the surety and ready to abide by the conditions that may be imposed by this Court on her. The offence alleged against the petitioner is cognizable offences and as per the provisions of Cr.P.C. the I.O. may arrest the petitioner without warrant. 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, the petitioner is the permanent resident of Bengaluru, punishment prescribed and apprehension of the arrest of the petitioner by the IO, in the considered opinion of this Court the petitioner is entitled for grant of anticipatory 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 bail petition filed by petitioner u/s 438 of Cr.P.C is hereby allowed and anticipatory bail is granted. 7 Crl.Misc.No.3001/2024 In the event of her arrest by the I.O. in Crime No.55/2023 of Vidyaranyapuram Police Station, is directed to enlarge her on bail on executing her personal bond for Rs.1,00,000/- with one surety for like sum subject to following conditions:

1. Petitioner shall appear before the respondent police within 20 days from the date of this order.

2. Petitioner shall not tamper with the prosecution witnesses in any manner.

3. Petitioner shall appear before the Court during trial and co-operate for the disposal of the case.

4. Petitioner shall not commit similar to the offence alleged against her.

5. Petitioner shall furnish the attested copy of her Adhaar card and present residential address proof to the I.O.

(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 4th day of April 2024) (A.V.PATIL) LXIII Addl. City Civil and Sessions Judge (CCH-64), Bengaluru City.