KABC010084652024 IN THE COURT OF THE LII ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE (CCH-53) Dated this the 4th day of April, 2024 PRESENT Sri.B.G.Pramoda, B.A.L., LL.B., LII Addl. City Civil & Sessions Judge, Bangalore. Crl.Misc.No.2986 /2024 Petitioner: Sri.D.Rangaswamy S/o Late Doddacheluvaiah, Aged about 78 years, R/at No.243, 7th 'B' Main Road, 3rd Stage, 4th Block, Basaveshwaranagar, Bengaluru – 560079. (By Sri.Shreerangaiah L., advocate) -V/S- Respondent : State of Karnataka by Rajagopalanagar police station, Bengaluru. (Represented by learned Public Prosecutor) 2 Crl.Misc.No.2986/2024

ORDER

This petition is filed by the petitioner u/Sec.438 of Cr.P.C., praying to grant anticipatory bail to him in the event of his arrest by respondent police in Cr.No.108/2024 of Rajagopalanagar police station for the offences punishable u/Sec.420, 341, 307, 323 r/w Sec.34 of IPC, pending on the file of learned XXXI ACMM Bengaluru.

2. It is stated in the petition that the respondent

Police have registered a case in Crime No.108/2024 against the petitioner and others alleging the commission of offences punishable u/Sec.420, 341, 307, 323 r/w Sec.34 of IPC on the basis of information given by one Mahammad Kunhi K. It is further stated in the petition that the petitioner is innocents and he has not committed the alleged offences. The respondent police are making hectic efforts to arrest the petitioner. The petitioner has got reasonable apprehension of his arrest by the respondent police. The petitioner is permanent residents of address mentioned in the cause title. The petitioner is law abiding and peace loving citizen and have no bad antecedents. The petitioner is ready to abide by any terms and conditions that may be imposed by the court for his enlargement on bail. The petitioner is ready and willing to offer surety to the satisfaction of the court. Hence, the petitioner has prayed to allow the petition. 3 Crl.Misc.No.2986/2024

3. The learned Public Prosecutor has filed

objections to the bail application filed by the petitioner along with I.O. report by opposing the grant of bail to the petitioner by contending that the offences alleged to have been committed by the petitioner is grave in nature and against to the society. It is further stated in the objection that the petitioner and other accused have attempted to murder the brother of informant by assaulting with Iron Rod. It is further stated in the objection that the case is still investigation stage. If the petitioner is enlarged on bail, he may commit the offences of similar nature in future. The petitioner will abscond and he may not appear before Investigating Officer and before the court. It is further stated in the objection that if the petitioner is enlarged on bail he may try to destroy the evidence and he may threaten the prosecution witnesses. Hence, the Learned Public Prosecutor has prayed to reject the petition filed by the petitioner.

4. Heard the arguments of Learned Public

Prosecutor and Learned counsel for the petitioner. Perused the petition, objection, written arguments of the Learned counsel for the informant and other materials on record.

5. Having done so, the following points will arise for

my consideration: 4 Crl.Misc.No.2986/2024 (1) Whether the petition filed by the petitioner u/s.438 of Cr.P.C., is deserves to be allowed? (2) What order?

6. My findings on the above points are as under:

(1) Point No.1 .. In the Affirmative (2) Point No.2 .. As per final order for the following: R E A S O N S

7. Point No.1:- The respondent police have

registered case in Crime No.108/2024 of Rajagopalanagar police station against the petitioner and another by alleging the commission of offences punishable u/Sec.420, 341, 307, 323 r/w Sec.34 of IPC on the basis of the information given by Mahammed Kunhi K. The petitioner has produced the certified copy of FIR, Complaint and other documents. The petitioner is shown as Accused No.4 in the FIR.

8. It is alleged in the FIR that on 21.03.2024, at

about 10.40 a.m., in BRS (HP) Service Station belonging to the accused No.4, when the brother of the informant has asked the accused No.1 to 3 to give proper and petrol and bill, the accused No.1 to 3 felt angry and they with intention to murder the brother of informant have assaulted the brother of the informant with Iron Rod and caused the injuries. The same was intimated by the brother of informant to the 5 Crl.Misc.No.2986/2024 informant. Thereafter, the informant came to the place of the incident and admitted the injured to the hospital and asked the accused No.4 who is the owner of the petrol bunk about the incident. Accused No.4 has abused the informant with filthy language and he and other accused have given life threat to the informant.

9. The offences alleged against the petitioner are

non-bailable in nature. Since FIR is registered against the petitioner by alleging the commission of non-bailable offence, the petitioner has filed the present petition under the apprehension of his arrest. It is the allegation of the petitioner that in view of registering the FIR against him, the respondent police are making hectic efforts to arrest the petitioner. The petitioner has contended that he is innocent and he has not committed the alleged offences and his name has been falsely implicated in the FIR. Since FIR is registered against the petitioner by alleging the commission of non-bailable offences, there is possibility of arrest of the petitioner by the respondent police during the course of investigation of the case.

10. The offences alleged against the petitioner are

not exclusively punishable with death or imprisonment for life. The alleged offences are triable by learned magistrate. In the I.O. report, it is stated that the mahazar of the place of the 6 Crl.Misc.No.2986/2024 incident was conducted in the presence of panchas. It is further stated that the voluntary statement of accused No.1 and 2 was recorded. The accused No.1 and 2 have shown the Iron Rod which is alleged to have been used by them for committing the alleged offences. It is further stated in the IO report that the said Rod was seized by conducting mahazar. The brother of the informant is already discharged from the hospital. There is no threat or danger to the life of the injured. Custodial interrogation of the petitioner is not required for further investigation of the case. The accused No.4 is only the owner of the patrol bunk. The main allegation made against accused No.4 is that he has given life threat to the informant and abused him. The said offences are bailable in nature. Whether the petitioner has committed the alleged offences on the informant along with accused No.1 and 2 or not has to be adjudicated only after full-fledged trial.

11. Further, the petitioner is ready to abide by any

terms and conditions imposed by the court for his enlargement on bail. He is also ready to furnish surety to the satisfaction of the court for his appearance before the Investigating Officer. He is also ready to co-operate with the investigation of the case. The petitioner is the permanent resident of the address shown in the cause title. The presence of the petitioner during the course of investigation of 7 Crl.Misc.No.2986/2024 the case can be secured by imposing suitable conditions. Further the accused No.1 and 2 against whom similar offences are alleged were already granted bail by this court in Crl.Misc.No.2925/2024 and 2929/2024. The apprehension of Learned Public Prosecutor regarding absconding of the petitioner and regarding petitioner threatening the prosecution witnesses and destroying the evidence can be make good by imposing suitable terms and conditions. Further the apprehension of the informant can also be make good by imposing suitable terms and conditions. Under these facts and circumstances, I am of the opinion that the application filed by the petitioner can be allowed and petitioner can be granted anticipatory bail by imposing suitable terms and conditions. Accordingly, I answer point No.1 in the Affirmative.

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

proceed to pass the following: O R D E R The petition filed by the petitioner/ Accused No.4 u/Sec.438 of Cr.P.C., is hereby allowed. The respondent police shall release the petitioner/ Accused No.4 on bail in the event of his arrest in Crime No.108/2024 of Rajagopalanagar police station for the offences punishable u/Sec.420, 341, 307, 323 r/w Sec.34 of IPC, pending on the file of learned learned 31st ACMM, Bengaluru, on petitioner executing personal bond for a 8 Crl.Misc.No.2986/2024 sum of Rs.1,00,000/- with one surety for likesum to the satisfaction of the Learned Magistrate on the following further conditions:- CONDITIONS (1) The petitioner shall appear before the Investigating Officer within two weeks from the date of this order and he shall furnish all necessary information and documents to the Investigating Officer. (2) The petitioner shall appear before the Investigating Officer as and when called for and he shall co-operate with investigation of the case. (3) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer or any hamper with the evidence. (4) The petitioner shall not try to destroy evidence. (5) The petitioner shall not leave India without prior permission of the concerned jurisdictional magistrate. (6) The petitioner shall not commit any offence of similar or any other offence in future. (7) Violation of any of the aforesaid terms and conditions would entitle for cancellation of bail of the petitioner. (Dictated to the Stenographer, directly on computer, corrected and then pronounced by me in the open court on this the 4th day of April, 2024). (B.G.Pramoda) LII Addl. City Civil & Sessions Judge, Bengaluru. 9 Crl.Misc.No.2986/2024 10 Crl.Misc.No.2986/2024