KABC010082532024 IN THE COURT OF THE LII ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE (CCH-53) Dated this the 2ndday of April, 2024 PRESENT Sri. B.G. Pramoda, B.A.L., LL.B., LII Addl. City Civil & Sessions Judge, Bangalore. Crl.Misc.No.2925 /2024 petitioners: 1. Sri.Thimmappa, S/o Late Mariyappa, Aged about 52 years, R/at:#716, 5th Cross, Near Good Hab Public School, Infront of Ganesha Temple, Kasturi Extension, Bengaluru. (Accused No.1) (Petition against A.1 was dismissed as not pressed as per order dated 27.03.2024)

2. Sri.Suresh, S/o Lakkanna, Aged about 45 yeas, R/at:2nd Cross, Near Seethramanjeya Temple, Ramaiah Extension, 2 Crl.Misc.No.2925/2024

Peenya 2nd Stage, Bengaluru. (Accused No.2) (By Sri.Manjunath M.R. – Advocate) -V/S- Respondent : State of Karnataka By Rajagopalanagar police station, Bengaluru. (Represented by Learned Public Prosecutor)

ORDER

This petition is filed by the petitioner/accused No.2 u/Sec.439 of Cr.P.C., praying to grant bail to him 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 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. The respondent police during the course of investigation of the case have arrested the petitioner on 21.03.2024 and produced them before the learned Magistrate. The petitioner was remanded to judicial custody by Learned Magistrate. It is 3 Crl.Misc.No.2925/2024 further stated in the petition that the petitioner is innocent and he has been false the implicated in the aforesaid crime Number. The petitioner has not committed the alleged offences. The petitioner is the permanent resident of address mentioned in the cause title. The petitioner hails from respectable family. The petitioner is a law abiding citizen and he is the sole earning member of his family. The petitioner is ready to abide by any terms and conditions imposed by this court for his enlargement on bail and he is ready to furnish suitable surety for his appearance before the court. Hence, the petitioner has prayed to allow the petition.

3. The learned Public Prosecutor has filed the

objection to the petition along with I.O. report by opposing the grant of bail to the petitioners on the ground that the offence alleged to has been committed by the petitioners are grave in nature and against to 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 at the investigation stage. If the petitioner is enlarged on bail, he may abscond and he may not appear before Investigating Officer and he may hamper the investigation of the case. The petitioner may threaten the informant and other prosecution witnesses and he may try to destroy the evidence. The petitioner may commit similar offence in future. 4 Crl.Misc.No.2925/2024 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 and other materials on record.

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

consideration: (1) Whether the petitioner has made out grounds for granting anticipatory bail u/s.439 of Cr.P.C.? (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

a case in Crime No.108/2024 against the petitioner and others alleging the offences punishable u/Sec.420, 341, 307, 323 r/w Sec.34 of IPC, on the basis of complaint given by Mahammad Kunhi. The respondent police during the course of investigation of the case have arrested the petitioner on 21.03.2024 and produced them before the learned Magistrate. The petitioner was remanded to judicial custody 5 Crl.Misc.No.2925/2024 by Learned Magistrate. The petitioner has produced the certified copy of the complaint, certified copy of FIR, remand application and other documents. The petitioner is shown as accused No.2 in the FIR and remand application.

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 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 petitioner is now in judicial custody and as

such, the petitioner has filed the present petition praying to enlarge him on bail by contending that he is innocent and he has not committed the alleged offences and he has been falsely implicated in the aforesaid crime number. In the I.O. report, it is stated that the mahazar of the place of the incident 6 Crl.Misc.No.2925/2024 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.

10. The Hon'ble Supreme Court of India in

Balachandh @ Baliya (AIR 1977 SC 2447) and in many other cases has laid down the legal doctrine that “bail is a rule and jail is an exception”. This legal doctrine is laid down for safe guarding a fundamental right under article 21 of Constitution of India, granting the right to life and liberty. The petitioner is in judicial custody since from the date of his arrest.

11. The offences alleged against the petitioner is not

exclusively punishable with death or imprisonment for life. 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 7 Crl.Misc.No.2925/2024 also ready to co-operate with the investigation of the case. The petitioner is the permanent resident of the Bengaluru. The presence of the petitioner during the course of investigation of the case can be secured by imposing suitable conditions. 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. Under these facts and circumstances, I am of the opinion that the bail petition filed by the petitioner can be allowed and petitioner can be enlarged on 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.2 u/Sec.439 of Cr.P.C., is hereby allowed. The petitioner/Accused No.2 is enlarged on bail in Crime No.108/2024 of Rajagopalanagar police station police station for the offence punishable u/Sec.420, 341, 307, 323 r/w Sec.34 of IPC pending on the file of learned XXXI ACMM Court, Bengaluru, on petitioner executing personal bond for a sum of Rs.1,00,000/- each with one surety for likesum each to the satisfaction of the Learned Magistrate on the following further conditions:- 8 Crl.Misc.No.2925/2024 CONDITIONS (1) The petitioner shall appear before the Investigating Officer as and when called for during the course of investigation of the case and he shall co-operate with the investigation of the case. (2) The petitioner shall appear before the court regularly on all hearing dates during the trial 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 commit offences of similar in nature or any other offences in future. (5) The petitioner shall furnish their correct address proof before the trial court. (6) The petitioner shall not leave India without previous permission of the court. (7) Violation of any of the aforesaid 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 2nd day of April, 2024). (B.G.Pramoda) LII Addl. City Civil & Sessions Judge, Bengaluru. 9 Crl.Misc.No.2925/2024