KABC010269372023 IN THE COURT OF THE LIX ADDL.CITY CIVIL & SESSIONS JUDGE (CCH60) AT BENGALURU Dated this the 18th day of October, 2023 Present Ramakant I. Chavan B.Com., LL.B.,(Spl) LIX ADDL.CITY CIVIL & SESSIONS JUDGE, CCH60 BENGALURU CITY. Criminal Misc.No. 9890/2023 PETITIONER: Sri. Vinod Kumar, Aged about 22 years, S/o. Eshwar M R/at. No.167/3B, Kengunte, Near MPM Layout, Mallathahalli, Bengaluru560 056. (A.1) (By Sri.Gurubasappa M.O, Adv.) V/S RESPONDENT: The State of Karnataka. Through Jnanabharathi P.S. Bengaluru. 2 Crl. Misc No.9890/2023 (Rep. by Public Prosecutor) ORDERS The petitioner/ accused No.1 has filed this petition under Section 438 of Cr.P.C., seeking grant of anticipatory bail in the event of his arrest in respect of Cri.No.349/2023 of Jnanabharathi P.S., for the offences punishable U/Secs.392, 323 of IPC.
2. The criminal law was set into motion on the basis
of the first information statement given by the complainant by name Tejas S. alleging that he is doing civil contract business. He is having friendship with one Aishwarya about 3 years and both of them are friends. On 21.09.2023 in the evening, when he was walking with his girl friend, some strangers misbehaved with her by phone by throwing a chit having phone number. His friend Aishwarya informed him that he had telephoned the stranger person and he informed to come to the Layout Park. The complainant along with his lady friend Aishwarya went to the Park at about 7.30 pm.
3. It is further stated that when he had gone to the
stranger person he attacked with hands and assaulted him and taken gold chain weighing about 25 grams worth Rs.1.20 lakhs. He has enquired with the said stranger and has come to know that the said person is the resident of Deepa Comples 3 Crl. Misc No.9890/2023 and he has searched the gold chain and the same was not traceable. Thereafter, he has called the said Vinod Kumar and given a petition. He has tried his best to get the gold chain but the same was not available. Hence the complaint.
4. On the basis of the said complaint, a case in
Cr.No.349/2023 came to be registered against the petitioner for the offences punishable U/Secs.392, 323 of IPC. The petitioner/ accused No.1 apprehends his arrest at the hands of respondent Police and therefore has filed this petition on the following grounds. The petitioner is absolutely innocent and has not committed any offence as alleged by the respondent and has valid and tenable defence in his favour. The petitioner neither directly nor indirectly involved in the offence as alleged by the respondent Police and his name was incorporated in the FIR with oblique and malafide intention to implicate him falsely. There is a delay in lodging the complaint. The petitioner is a student and studying at Bengaluru University and there is no bad antecedents against him. The complaint is lodged to implicate the petitioner falsely to wreck vengeance against him. The petitioner is studying BBA course at Global Institute of Management Sciences. If the petitioner is arrested and sent to jail, his educational activities will be hampered to a large extent. 4 Crl. Misc No.9890/2023
5. It is further submitted that the petitioner is a
permanent resident of the address shown in the cause title. He is the only bread earner of his family and look after old aged father and mother. He is ready and willing to abide by any condition imposed by this Court and he is ready to furnish solvent surety to the satisfaction of this Court. With this, the petitioner prayed to allow the petition.
6. In response to the notice issued, the Ld. Public
Prosecutor has filed objections to this petition wherein he has denied the contents of the petition. There is a primafacie case against the petitioner for the alleged offences. There are chances of the petitioner being involved in the other cases. The recovery of gold ornaments is yet to be done. The investigation is at a primary stage. The grounds made out in the petition are not proper and correct and if the petitioner is released on bail at this stage, he may tamper with the prosecution witnesses, threaten the complainant and may also cause hurdle in the investigation. There are no grounds to allow the petition. Hence prays for rejection.
8. Heard the arguments of the learned counsel for the petitioner and the learned Public Prosecutor. Perused the
entire records.
9. The Point that arises for the consideration of this court is as under: 5 Crl. Misc No.9890/2023
Whether the petitioner has made out any reasonable or substantial grounds for grant of anticipatory bail?
10. The Court answers the above Point in the affirmative, for the following:
REASONS
11. The learned counsel for the petitioner/ accused No.1 has submitted his arguments, he has pointed out
towards the facts of the case and grounds made out in the petition. If the petitioner is arrested and sent behind the bars, his family members and his future will be ruined. The petitioner is entitled for anticipatory bail. He has pointed out towards the contents of the FIR as well as the other materials. He has also pointed out towards the copies of whatsapp chats and contents of the complaint filed by the complainant on 04.10.2023 and also copy of the Aadhaar Card of the petitioner/ accused No.1. The petitioner is ready to abide by the conditions imposed by this court and also furnish surety to the satisfaction of this Court.
12. Per contra, the learned Public Prosecutor has also submitted his arguments, he has drawn my attention towards
the contents of the application and grounds made out in the petition. He has also pointed out towards the statement of 6 Crl. Misc No.9890/2023 objections to the petition. The investigation is going on. There are no grounds to allow the petition.
13. After hearing the learned counsel for the
petitioner/ accused No.1 and the learned Public Prosecutor, I have also gone through the contents of the petition and statement of objections filed by the learned Public Prosecutor. I have also gone through the contents of the FIR and other materials produced on behalf of the petitioner. By going through the contents of the petition, it shows that there is an apprehension to the petitioner of his arrest. petitioner / accused No.1 is not punishable with death sentence. I have also perused the contents of the complaint, the name of the petitioner/ accused No.1 is forthcoming. After perusing the statement of objections and the contents of the FIR, there is a dispute between the complainant and the accused No.1. After perusing the contents of the complaint, the incident occurred as per the FIR on 21.09.2023 but the complaint is lodged on 4.10.2023 at about 8.30 in the night. There is a delay in lodging the complaint. It requires investigation.
14. Looking in to the facts and circumstances of the
case, I am of the opinion that, Primafacie the petitioner / accused No.1 has made out grounds for granting anticipatory bail. The apprehension of the prosecution can be met by imposing stringent conditions. For all these reasons, this court is of the considered view that it is a fit case to exercise 7 Crl. Misc No.9890/2023 the power conferred under Section 438 of the Code of Criminal Procedure and grant bail to the petitioner, subject to conditions. Accordingly, the above Point is answered in the affirmative and this court proceeds to pass the following:
ORDER
The bail petition filed by the petitioner/ accused No.1 U/Sec.438 of Cr.P.C. is allowed on the following conditions. The investigating officer shall release the petitioner on bail in the event of his arrest in relation to Cri. No.349/2023 of Jnanabharathi P.S., Bengaluru, after obtaining personal bond for Rs.50,000/ along with a surety for like sum. The petitioner shall not tamper or threaten the prosecution witnesses. The petitioner shall appear before the Investigating Officer within 15 days from the date of this order. The petitioner shall appear regularly before the trial court. (Dictated to the Stenographer Gr.I directly on computer, typed by her, corrected by me and then pronounced in Open Court on 18th day of October, 2023). (Ramakant I. Chavan) LIX ADDL.CITY CIVIL & SESSIONS JUDGE, 8 Crl. Misc No.9890/2023 CCH60 BENGALURU CITY.