Crl.Misc.No.3146/2024
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KABC010088782024
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 6th Day of April, 2024.
Crl.Misc.No.3146/2024
PETITIONER
1. Vasu G.
S/o Govindan M.
Aged about 29 years
R/at No.75, 7th Cross,
New Mission Road,
Ramanna Garden,
Bengaluru South,
Bengaluru City
(By Sri.P.R.Bhat Advocate)
V/s
RESPONDENT
State of Karnataka
By: Thilaknagar
Police Station,
Bengaluru.
(Rep. by: Public Prosecutor)
Crl.Misc.No.3146/2024
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ORDER
The petitioner has filed this petition under section 439
of
Cr.P.C.,
for
grant
of
bail
in
Crime
No.78/2022
(C.C.No.25928/2023) for the offences punishable under
sections 307, 504, 506, 323 and 324 read with section 34 of
IPC registered by the respondent police on the file of 37 th
ACMM, Bengaluru, by allowing this petition in the ends of
justice.
2.
The petitioner has sought for bail on the grounds
that, he is inocent of the alleged offences. He has got valid
and tenable defence. He has been falsely implicated. He has
not connected to the alleged offence either directly or
indirectly. There are no materials has been placed on record
to show the guilt of the petitioner. Accused No.1, 3 and 4 are
already granted bail. He is ready to abide by the conditions
that may be imposed. He is ready to furnish surety.
3. The learned Public Prosecutor has filed statement of
objections that prima facie the prosecution papers discloses
the involvement of the petitioner in the alleged offence. The
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Crl.Misc.No.3146/2024
alleged offence is punishable with imprisonment for the
period of 10 years. If the petitioner is released on bail, he may
commit similar offence and he may tamper the prosecution
witnesses. He may abscond from the jurisdiction of the court
and then fair investigation cannot be conducted. Hence, at
this stage, the petitioner is not entitled for bail.
4.
In view of the aforesaid rival contentions, the
following points that would arise for my consideration are:
1. Whether the petitioner is entitled for
regular bail under section 439 of Cr.P.C.
as prayed for in this petition?
2. What Order?
5.
Heard arguments of both the sides and perused the
records.
6. My finding to the above points are as follows:
Point No.1:
In the Affirmative
Point No.2:
As per the final order
for the following;
Crl.Misc.No.3146/2024
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REASONS
7.
POINT NO.1: As could be seen from the charge
sheet it is clear that, On 15.05.2022 at about 11.00 p.m
C.W.1 went to Jayanagar 9th block, 46th cross, East end B
main road along with C.W.3 on Honda Activa two wheeler
bearing No.KA05HS7254 to bring parcel of egg rice from
C.W.7 and 8, when C.W.1 ordered his parcel, at that time
accused No.3 started quarreling with C.W.1 and also abused
him in a filthy language. Further the assaulted C.W.1, 4 and
5 by hands. Thereafter accused No.1 insisted accused No.2 to
commit murder to C.W.1,2,4 and 5. Then accused No.2
stabbed C.W.2 with knife on his chest, right hand, left hand
and cheek and attempted to commit murder of C.W.2.
Thereby the accused committed the offence punishable under
Sec.307, 504, 506, 323 and 324 read with section 34 of
IPC.accused
No.3
also
threatened
C.W.1
with
dire
consequences and assaulted C.W.1 with hand. Thereafter the
accused No.1 took away the accused No.3 from the spot and
C.W.1 called C.W.2, 4 and 5. Again C.W.2,4 and 5 went near
accused No.1,2 and 4 and enquired about the quarrel. At that
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Crl.Misc.No.3146/2024
time accused No.1, 2 and 4 started quarrel with C.W.1,2,4
and 5. Accused No.2 assaulted C.W.2 on his chin by hands
and other accused also assaulted C.W.1, 4 and 5 by hands.
Thereafter accused No.1 insisted accused No.2 to commit
murder to C.W.1,2,4 and 5. Then accused No.2 stabbed
C.W.2 with knife on his chest, right hand, left hand and
cheek and attempted to commit murder of C.W.2. Thereby the
accused committed the offence punishable under Sec.307,
504, 506, 323 and 324 read with section 34 of IPC.
8. The petitioner was already granted bail. There is no
specific overt act attributed against this petitioner. The
accused No.1, 3 and 4 are already granted bail. Hence this
petitioner is also entitled for bail on the ground of parity.
Though the alleged offences are non bailable in nature but
the same are not punishable with capital sentence.
9. The investigation is completed and charge sheet has
been filed. Hence custodial investigation of the petitioner is no
more required. The petitioner is a permanent resident of the
address shown in the cause title and he is having deep roots
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Crl.Misc.No.3146/2024
in the society. There is no criminal antecedent against him.
Under these circumstances, if stringent conditions are
imposed, the purpose of prosecution may be served. More
importantly, the accused No.1 and 4 was already released on
regular bail by this court in C.Misc.No.5076/2022 and in
Crl.Misc.No.5844/2022. This petitioner is also footed in the
same rank. Hence, on the ground of parity, this petitioner is
also entitled for bail. Under all these circumstances and also
considering the nature and gravity of the offences, it is a fit
case to extend the discretionary power in favour of the
petitioner and hence, he is entitled for bail with certain
conditions. In view of the above reasons, I answer the point
No.1 in the “Affirmative”.
10. POINT NO.2: In the result for the reasons stated
above, I proceed to pass the following;
ORDER
The bail petition filed by the petitioner under
section 439 of Cr.P.C., is hereby allowed.
The petitioner is ordered to be released on bail
in Crime No.78/2022 of respondent police for the
Crl.Misc.No.3146/2024
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offences punishable under sections 307, 504, 506,
323 and 324 read with section 34 of IPC, subject to
the following conditions:
1. The petitioner shall execute personal bond for a
sum of Rs.1,00,000/ with two sureties for the
likesum to the satisfaction of the concerned
jurisdictional Magistrate
2. He shall not threaten the prosecution witnesses
and hamper the prosecution evidence directly or
indirectly.
3. He shall appear before the Investigating Officer
and cooperate for investigation as and when called
for.
4. He shall not commit similar offences in future,
5. He shall attend the court regularly on all dates
of hearing without fail.
6. He shall not leave the jurisdiction of the trial
court till disposal of this case without prior
permission.
If violation of any conditions, the IO is at liberty
to move for cancellation of bail.
(Dictated to the stenographer directly on computer, corrected, signed and
then pronounced by me in the open court on this the 6 th day of April,
2024)
(T.Govindaiah)
LVI Addl. City Civil And
Sessions Judge (CCH57)
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Crl.Misc.No.3146/2024
Order pronounced in open Court
(Vide separate order)
ORDER
The bail petition filed by the
petitioner under section 439 of
Cr.P.C., is hereby allowed.
The petitioner is ordered to be
released
on
bail
in
Crime
No.78/2022 of respondent police
for the offences punishable under
sections 307, 504, 506, 323 and
324 read with section 34 of IPC,
subject
to
the
following
conditions:
1. The petitioner shall execute
personal bond for a sum of
Rs.1,00,000/ with two sureties for
the likesum to the satisfaction of
the
concerned
jurisdictional
Magistrate
2. He shall not threaten the
prosecution witnesses and hamper
the prosecution evidence directly
or indirectly.
3. He shall appear before the
Investigating
Officer
and
co
operate for investigation as and
when called for.
4. He shall not commit similar
offences in future,
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Crl.Misc.No.3146/2024
5. He shall attend the court
regularly on all dates of hearing
without fail.
6. He shall not leave the
jurisdiction of the trial court till
disposal of this case without prior
permission.
If violation of any conditions, the
IO is at liberty to move for
cancellation of bail.
LVI Addl.City Civil & Sessions
Judge, Bengaluru.