1 Crl.Misc.No.2877/2024 KABC010080942024 IN THE COURT OF THE LVI ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH 57) : Present : Sri.T.Govindaiah, B.Com., LL.B., LVI Addl. City Civil & Sessions Judge, Bengaluru. Dated this the 28th Day of March, 2024. Crl.Misc .No.2877/2024 PETITIONER 1. Sri.Vishwanatha @ Vishwa S/o Harisha Aged about 23 years R/at No.31, 2nd Main, 4th Cross, Near Ganesh Bekari, Hosahalli, Vijayanagar, Bengaluru
2. Sri.Mallikarjuna M @ Malla S/o Late Mallesha Aged about 20 years R/at No.43, 2nd Main, 4th Cross, Near Ganesh Bekari, Hosahalli Vijayanagar, Bengaluru 40
(By Sri.Manu B.S.., Advocate) V/s 2 Crl.Misc.No.2877/2024 RESPONDENT State of Karnataka By Vijayanagar Police Station, Bengaluru. (Rep. by: Public Prosecutor)
ORDER
This is a petition filed by the petitioners under Section 439 of Cr.P.C for grant of regular bail in Cr.No.06/2024 C.C.No.7505/2024 for the offences punishable under Sec.307, 504 and 506 R/w Sec.34 of IPC pending on the file of XXIV Addl. Chief Metropolitan Magistrate, Bengaluru.
2. Petitioners are arrayed as accused No.3 and 4 and
have sought for bail on the grounds that, they are innocent of the alleged offence. They have got valid and tenable defence. They have been falsely implicated. The offences alleged are not punishable with death or life imprisonment. The victim is out of danger and he discharged from the hospital. The victim is a rowdy sheet and he is having several criminal cases in different police station. They are not habitual offenders. They are permanent residents of the address mentioned in the 3 Crl.Misc.No.2877/2024 cause title. They are the peace loving and law abiding citizen and have got deep roots in the society. They are ready to abide by the conditions that may be imposed. They are ready to furnish surety.
3. The prosecution has filed statement of objections
that the alleged offences are heinous in nature. Further if the petitioners are released on bail they may tamper with the prosecution witnesses and evidence. They may not appear before the court regularly. They may not cooperate with the investigation and trial. They may abscond. Hence sought for dismissal of the petition.
4. Heard the arguments of both sides.
5. The following points arise for my determination:
1. Whether the petitioners are entitled for regular bail as provided under Section 439 of Cr.P.C.?
2. What order?
6. My findings on the above said points are as
follows; 4 Crl.Misc.No.2877/2024 Point No.1 : In the Negative. Point No.2 : As per final order, for the following : R E A S O N S
7. Point No.1: As could be seen from the
prosecution paper it reveals that, on 08.01.2024 the complainant lodged complaint alleging that, the complainant is residing in behind Sharadamma high School, 1st main Road, 13th Cross, Javaregowda nagara, Rajarajeshwari nagar, Bengaluru along with her children. On 07.01.2024 there was a holiday from work because she went to past city in Govindaraja nagar talking with her friends and her son's friend Darshan called her at about 12 o clock night he says that when Girish and his friend Darshan reached near Vijayanagar Hosahalli Slam colony at about 11.30 p.m night at that time Sunil and his friends assaulted with chopper and wooden sticks on his head and face and he was shifted to hospital. Hence the complainant lodged the complaint against the petitioner and other accused. 5 Crl.Misc.No.2877/2024
8. According to the petitioners, they are innocent of the
alleged offence. They undertake to abide by the conditions that may be imposed by the court for his appearance before the court and to cooperate with the investigation and trial.
9. The prosecution has objected for grant of bail as the
petitioners have committed heinous offences and if they are released on bail they would tamper with the prosecution witnesses and evidence and may not cooperate with the investigation. The petitioners have not produced any documents to prove that the injuries sustained by the complainant and his brother are simple or grievous in nature. There is no document to show that if the complainant is discharge from the hospital or not. The offence under Sec.307 is punishable with imprisonment for a period of 10 years. The petitioners are the main accused in the alleged incident. Whether the petitioners are involved in the alleged incident or not is a matter of investigation. Considering the facts and circumstances of the case, the petitioners could not entitled for bail. Accordingly point is answered in the Negative. 6 Crl.Misc.No.2877/2024
10. Point No.2: In view of my findings on point No.1,
I proceed to pass the following:
ORDER
The petition filed by the petitioners under Section 439 of Cr.P.C., is hereby dismissed. (Dictated to the Stenographer directly on computer, corrected and then pronounced by me in the Open Court on this the 28th Day of March, 2024) (T.Govindaiah) LVI Addl.City Civil & Sessions Judge, Bengaluru. 7 Crl.Misc.No.2877/2024 8 Crl.Misc.No.2877/2024 Order pronounced in open Court (Vide separate order)
ORDER
The petition filed by the petitioners under Section 439 of Cr.P.C., is hereby dismissed. LVI Addl.City Civil & Sessions Judge, Benguru. 9 Crl.Misc.No.2877/2024